Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

5% Profit Rate Upheld on Unaccounted Helmet Sales; Revenue Appeal Dismissed

Case Law Details

TaxGuru Citation
2026 taxguru.in 12472
Case Name
ACIT Vs Vega Aviation Products Pvt. Ltd. (ITAT Panaji)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Subscribe to download.

Already Upgraded? Log in.

Advertisement

ACIT Vs Vega Aviation Products Pvt. Ltd. (ITAT Panaji)

One Helmet Cannot Wear Two 15% Profit Margins—5% on Manufacturer’s Unaccounted Sales Upheld; Revenue’s Appeal Also Falls Below ₹60-Lakh Limit

Unaccounted Helmet Sales Unearthed

The Assessee-company manufactured plastic products, including safety helmets & toilet blocks. The helmets were sold under the “Vega” brand owned by its sister concern, Vega Auto Accessories Pvt. Ltd. Both companies had common directors.

The Assessee filed its return declaring income of ₹38,68,830. A search u/s 132 was conducted on 28.11.2019, followed by proceedings u/s 153A.

During the search, unaccounted retail cash sales of helmets amounting to ₹15,90,449 were discovered through delivery challans. A survey u/s 133A at the Assessee’s factory also resulted in the impounding of a pen drive containing unaccounted sales of ₹4,87,68,333 made to Vega Auto Accessories.

These sales were not recorded in the books of either company. The AO added the entire amounts & assessed total income at ₹5,42,27,612.

CIT(A) Taxes Profit, Not Entire Turnover

Before the CIT(A), the Assessee argued that the entire sales value could not represent income because no goods could be manufactured or sold without incurring material, manufacturing & incidental costs.

Regarding retail sales of ₹15.90 lakh, the Assessee claimed that some delivery challans related to free samples, promotional distribution, employee welfare, repairs or replacement of defective helmets. Nevertheless, the CIT(A) estimated profit at 15% by referring to the settlement reached by the group’s sister concern before the Interim Board for Settlement.

Paid content

Become a Basic or Premium Member, or log in if you are already a Basic or Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,266

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.