2012 (9) TMI 1036 - AT - Income Tax

Rejection of books of accounts - profit estimation - Held that - Similar books of account were rejected. In the grounds of appeal there is no challenge to the rejection of books of account. There is no change in the facts and circumstances of the case as compared to the earlier year. The Tribunal in the earlier year confirmed the application of profit rate of 8% but deleted the separate addition on account of interest income. Following the order of the Tribunal in earlier assessment year we confirm the orders of the authorities below in applying the profit rate of 8%. However the interest income of Rs. 78, 200/- should not be added separately. The orders of the authorities below to that extent are set aside and modified and we direct that no separate addition on account of interest income be made in the case of assessee. Thus the assessee will get relief of Rs. 78, 200/- and rest of the order of the ld. CIT(A) is confirmed.

Summary

Issues:
Assessment of net profit rate and treatment of interest income as business income.

Analysis:
The appeal was against the order of the ld. CIT(A)-II, Agra for the assessment year 2007-08. The Assessing Officer (AO) rejected the books of account of the assessee due to insufficient supporting bills and vouchers for claimed purchases and expenses. The AO estimated the profit at 8% and added interest income to compute the total income. The ld. CIT(A) upheld the AO's decision based on precedents from Madras High Court and Punjab & Haryana High Court. The assessee challenged the profit rate and interest income additions. The Tribunal referred to a previous year's decision where a similar situation was addressed. The Tribunal confirmed the 8% profit rate but removed the separate addition of interest income. The Tribunal held that interest income should not be added separately, granting relief to the assessee. The Tribunal confirmed the rest of the CIT(A)'s order, partly allowing the appeal.

In the earlier year, the Tribunal had confirmed the 8% profit rate but deleted the separate addition for interest income. The Tribunal applied the same principle for the current assessment year, granting relief to the assessee by not adding interest income separately. The Tribunal found no challenge to the rejection of books of account and no change in circumstances compared to the previous year. The Tribunal upheld the 8% profit rate application and directed no separate addition for interest income, thereby partly allowing the assessee's appeal.