2014 (3) TMI 1056 - AT - Income Tax

Estimation of profit - wine business - Held that - Profit in case of business in Indian made foreign liquor has to be estimated at 5% of the purchases made by the assessee. Therefore, following the decision of the ITAT Hyderabad bench in Income Tax Officer, Ward-1, Nalgonda Versus Ravindra Reddy, Chander Rao, Saidulu Narsing, Sridhar Reddy E., Raju Gurram, Bal Reddy Mekala, and others 2012 (5) TMI 699 - ITAT HYDERABAD , we set aside the order of the CIT(A) and direct the assessing officer to estimate the profit from the wine business of the assessee by applying the rate of 5% of the purchases made net of all other deductions. The assessing officer should also bear in mind that in no case the income determined should be below the income returned.

Summary

Issues: Estimation of profit at 16% on the trading of Indian made foreign liquor for assessment years 2007-08 and 2008-09.

Analysis:
1. Facts and Background: The appeals were against a common order of the CIT(A) for the assessment years 2007-08 and 2008-09. The issue revolved around the estimation of profit at 16% on the trading of Indian made foreign liquor by the assessee, who operated wine businesses through two proprietary concerns and also engaged in civil contract work for Visakhapatnam Steel Plant.

2. Assessing Officer's Actions: The assessing officer rejected the books of accounts due to the inability of the assessee to produce complete details of sales, bills, vouchers, or stock registers. Subsequently, for the assessment year 2007-08, the officer estimated the net profit at 10% after including the license fee, while for 2008-09, the profit was estimated at 5% of the turnover after adopting a different method of estimating the gross turnover at 120% of purchases.

3. CIT(A)'s Decision: The CIT(A) relied on a decision of the Hon'ble A.P. High Court and estimated the profit at 16% for both assessment years, despite the assessee's objection that the High Court's case pertained to arrack sales, not Indian made foreign liquor.

4. ITAT's Ruling: The ITAT, after considering arguments from both parties, referred to previous decisions of the ITAT Hyderabad bench in similar cases. Citing a consistent approach, the ITAT directed the assessing officer to estimate the profit at 5% of the purchases made, in line with the Hyderabad bench's decisions. It emphasized that the income determined should not fall below the income returned by the assessee.

5. Conclusion: The ITAT partially allowed the assessee's appeal, setting aside the CIT(A)'s order and instructing the assessing officer to estimate the profit from the wine business at 5% of purchases net of deductions, ensuring the income determined does not fall below the returned income.

This comprehensive analysis of the judgment highlights the key issues, arguments presented, authorities' decisions, and the final ruling by the ITAT, providing a detailed understanding of the case.