2003 (4) TMI 76 - HC - Income Tax

Search operation - credit sales not reflected in the books of account sales profit - Whether the assessee having not included the credit sales in the books of account and in the balance-sheet the Tribunal was justified assuming that the assessee followed different method of accounting for unrecorded sales without any factual basis and as such whether the order of the Tribunal does not suffer from perversity being against the settled principles of accountancy? - The total sale cannot be regarded as the profit of the assessee. The net profit rate has to be adopted and once a net profit rate is adopted it cannot be said that there is perversity of approach. Whether the rate is low or high it would depend upon the facts of each case. In the present case net profit rate of five per cent. has been applied. We do not think it appropriate that the same requires to be enhanced. We are also inclined to think that it is high.

Summary

Issues:
1. Assessment of undisclosed income based on credit sales not reflected in books of account.
2. Application of net profit rate on undisclosed income.
3. Justifiability of the Tribunal's decision and absence of perversity.

Analysis:
1. The case involved a dispute regarding the assessment of undisclosed income arising from credit sales not recorded in the books of account. The Assessing Officer added a specific sum towards the sales profit of the assessee after rejecting the regular books of account. The Commissioner of Income-tax (Appeals) adopted a net profit rate of five percent on these sales, which was contested by both the Revenue and the assessee in subsequent appeals.

2. The Tribunal upheld the method of adopting a net profit rate, reasoning that the entire credit sales could not be considered as the profit of the assessee. The Tribunal, however, did not find it necessary to alter the rate set by the first appellate authority. The key question raised in the appeal was whether the Tribunal's decision was justified in assuming that the assessee followed a different method of accounting for unrecorded sales without factual basis, leading to a potential perversity in the order.

3. The High Court, after careful consideration of the arguments presented by both parties, referred to a similar case precedent to support the application of a net profit rate on undisclosed income. The Court emphasized that not the entire sales amount could be treated as profit, as it only represented the excess over the cost incurred by the assessee. The Court found no perversity in the Tribunal's approach, as the net profit rate of five percent was deemed appropriate and not in need of enhancement. Consequently, the Court dismissed the appeal, affirming the Tribunal's decision.

In conclusion, the judgment clarified the approach to assessing undisclosed income from unrecorded credit sales, highlighting the importance of applying a net profit rate rather than considering the entire sales amount as profit. The decision underscored the need for factual basis and adherence to established principles of accountancy in such assessments.