Tribunals and CommissionsSingle Bench(2025) 12 ITAT CK 4611

Shobhit Malhotra vs Income Tax Officer

Income Tax Appellate Tribunal, Delhi Bench 'SMC', New Delhi · Decided on 23 December 2025

HON’BLE JUDGES
Satbeer Singh Godara, Judicial Member
RESULT
Partly Allowed
CASE NUMBER
ITA No. 6925/Del/2025

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Judgment

5 paragraphs · 219 words

This assessee’s appeal for Assessment Year 2017-18 arises against the C IT(A)/NFAC, De lhi’ s DIN & order No. ITBA/NFAC/M/250/2025-26/1080362187(1) dated 04.09.2025, in proceed ings u/s 147 of the Income Tax Act, 1 961 (in short “the Act”).

2.

Case called twice . None appears at the assessee’s behest. He is accordingly proceeded ex-parte.

3.

It next emerges during the course of he aring with the able assistance coming from the Revenue sid e that the assessee/appellant is aggrieved against both the learned lower authorities’ action assessing his total receipts in kachha arhatia business of Rs.3,68,17 ,312/- @ 5% resulting in additio n of Rs.15,07,342/-; made in assessment order dated 21.02.2025 as upheld in the lower appellate discussion.

4.

That being the case, le arned departmental representative could hardly d ispute that both the lower authorities have nowhere discussed the segme ntal GP and comparable instances whilst assessing the assessee @5% in questio n. It is thus deemed appropriate in the larger interest of justice that a lump sum assessment of assessee’ s G P @ 1.5% in the given facts would be just and proper with a rider that the same shall not be treated as a precedent in any other case. Necessary computat ion shall fo llow as per law.

5.

This assessee’s appeal is partly allowed.