2014 (2) TMI 1199 - HC - Income Tax

Rejection of books of accounts on the basis of findings during the assessment proceedings and relying on the electricity consumption - Regular assessment v/s assessment u/s. 153A - Held that - The finding is that nothing incriminating was found in the course of search relating to these assessment years. The additions therefore were not corresponding to the seized material during the course of search. The relevant income tax returns in normal course are disclosing the particulars. They were already on record. The returns have been accepted. In such circumstances the Tribunal as also the Commissioner of Income Tax (Appeals) have in their orders held that there are several factors which have to be taken into consideration and while arriving at a conclusion with regard to the alleged production calculated on the basis of electricity consumption. Rejection of books for these years only on the ground that there has been divergence in the consumption of electricity therefore was held not justified.

Summary

Issues:
1. Question of law regarding material removed without accounting for under The Central Excise Act, 1944.
2. Reliability of pending proceedings under a distinct law to quash impugned orders.
3. Rejection of books of accounts based on findings during assessment proceedings and electricity consumption for assessment year 2000-01.

Analysis:
1. The appellant argued that the material removed without accounting for is subject to proceedings under The Central Excise Act, 1944, and requested the court to permit the department to await the outcome of those proceedings. However, the court emphasized that the pendency of proceedings under a distinct law cannot be relied upon to quash impugned orders unless it is demonstrated in law. The court highlighted that the Assessing Officer initiated proceedings under the Income Tax Act, 1961, after a search action, and observed consistent losses in the Assessee's books of accounts, which were examined during assessment proceedings and search action.

2. The issue in the appeal pertained to the rejection of books of accounts for the assessment year 2000-01 based on findings during assessment proceedings and electricity consumption. The Tribunal and Commissioner of Income Tax (Appeals) found that no incriminating material was found during the search action, and the details of electricity consumption were provided to the authorities. The court noted that the returns were accepted year after year, and no incriminating material was found during the search action that could warrant additions under section 153A of the Income Tax Act. The court held that the rejection of books solely based on electricity consumption discrepancies was not justified.

3. The court concluded that the findings of fact did not raise any substantial question of law as argued by the appellant's counsel. Therefore, the court dismissed the appeals, finding no merit in the arguments presented. The judgments of the Tribunal and Commissioner of Income Tax (Appeals) were upheld based on the detailed analysis of the facts and legal provisions presented during the proceedings.