2003 (7) TMI 70 - HC - Income Tax

Books of accounts - In the present case the Assessing Officer has made a bald observation that the information was supplied by the assessee. No other reason has been ascribed for arriving at such a conclusion. It is also submitted by him that P-5 certificate has been issued by the statutory authority and that has been accepted for many years. Quite apart from the above, the assessee has never maintained the books of account for individual shops. The facts which have been pressed into service by the Assessing Officer and the appellate authority to reject the books of account are similar to those of the previous years. - In view of the aforesaid, we are of the considered opinion that no substantial question of law arises in this appeal. - Doctrine of res judicata is not applicable but consistency has to be maintained unless there is a manifest distinguishable feature.

Issues Involved:
1. Penetrability of the order passed by the Income-tax Appellate Tribunal.
2. Justification of the Tribunal in allowing relief to the assessee based on P-5 certificates.
3. Applicability of Section 145 of the Income-tax Act, 1961.
4. Consistency in the Tribunal's decisions regarding the assessee's accounting methods.

Issue-wise Detailed Analysis:

1. Penetrability of the order passed by the Income-tax Appellate Tribunal:
The Revenue questioned the penetrability of the Tribunal's order, asserting that the Tribunal's decision was cryptic and lacked detailed reasoning. The Tribunal had relied on its earlier decisions without addressing the specific facts of the current case. The High Court noted that the Tribunal should have delved into the facts and provided a detailed analysis rather than merely following previous orders. The court emphasized that a non-reasoned order is vulnerable to being overturned.

2. Justification of the Tribunal in allowing relief to the assessee based on P-5 certificates:
The Tribunal allowed relief to the assessee by directing the acceptance of the book results as reflected in the P-5 certificates issued by the Excise authorities. The Revenue argued that the P-5 certificates were based on information provided by the assessee and lacked independent verification. The High Court found that the Tribunal had consistently accepted the P-5 certificates in previous years, and there was no substantial change in the circumstances to warrant a different approach. The court held that the Tribunal's reliance on P-5 certificates was justified as they were issued by a statutory authority and had been accepted in prior assessments.

3. Applicability of Section 145 of the Income-tax Act, 1961:
The Assessing Officer invoked the proviso to Section 145(1) of the Act, rejecting the assessee's books of account due to the lack of shop-wise records and proper stock accounting. The High Court observed that the Tribunal had previously accepted the assessee's method of accounting despite similar deficiencies. The court noted that the Tribunal's consistent acceptance of the assessee's accounting method indicated that the rejection of books under Section 145 was not warranted in this case.

4. Consistency in the Tribunal's decisions regarding the assessee's accounting methods:
The High Court underscored the importance of consistency in judicial decisions. It noted that the Tribunal had consistently accepted the assessee's accounting methods and P-5 certificates in previous years. The court held that unless there was a manifestly distinguishable feature, the Tribunal should maintain consistency. The court found no substantial change in the facts or circumstances that would justify a departure from the Tribunal's earlier decisions.

Conclusion:
The High Court dismissed the Revenue's appeal, holding that the Tribunal's decision to allow relief to the assessee based on P-5 certificates and its consistent acceptance of the assessee's accounting methods did not give rise to a substantial question of law. The court emphasized the need for consistency in judicial decisions and found that the Tribunal's approach was justified based on the facts and circumstances of the case. The appeal was dismissed without any order as to costs.

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