2013 (9) TMI 1129 - AT - Income Tax

Assessment u/s 153A - Held that - In the present case we find that no incriminating evidence found against the assessee in proving that unaccounted incomes were generated by suppression of profit and therefore the AO is not justified in resorting to estimation and arithmetical assumptions. Accordingly we find no infirmity in the order of the CIT(A) in directing the AO to delete the additions made by holding that the additions made based on the percentage of net over gross adopted by the AO are held to be without any basis that can be justified on factual or legal grounds and the order of the CIT(A) is hereby confirmed dismissing the grounds of appeal raised by the revenue in this regard in all the years under consideration.

Issues Involved:
1. Validity of additions based on percentage of net profit over gross profit.
2. Justification for the Assessing Officer's (AO) method of calculation.
3. Absence of incriminating evidence during search operations.
4. Consistency in the application of the method by the AO.
5. Rejection of books of accounts and estimation of profits.

Detailed Analysis:

1. Validity of Additions Based on Percentage of Net Profit Over Gross Profit:
The AO made additions to the assessee's income based on the variations in the ratio of net profit to gross profit for the assessment years 2003-04, 2004-05, 2006-07, and 2009-10. The AO compared these ratios to an average percentage of 77.28% and made additions where the actual ratios were lower. The CIT(A) found this approach to be baseless, as it was not supported by any incriminating evidence or specific defects in the assessee's books.

2. Justification for the AO's Method of Calculation:
The AO's method involved calculating the average percentage of net profit over gross profit and making additions based on deviations from this average. The CIT(A) observed that the AO selectively applied this method to certain years and used inconsistent bases for different assessment years, which lacked a logical and factual foundation. The CIT(A) criticized the AO's approach as theoretical and not aligned with acceptable accounting standards.

3. Absence of Incriminating Evidence During Search Operations:
The CIT(A) noted that the assessments were completed under section 153A following search operations, but no incriminating evidence was found to suggest that the assessee suppressed profits. The CIT(A) emphasized that the AO did not point out any specific defects or possess any specific information to justify the additions, making the AO's assumptions baseless.

4. Consistency in the Application of the Method by the AO:
The CIT(A) highlighted the inconsistency in the AO's method, where different bases were used for different assessment years. For example, the AO used subsequent years' data for AY 2003-04 and earlier years' data for AY 2009-10. This lack of consistency further undermined the credibility of the AO's approach.

5. Rejection of Books of Accounts and Estimation of Profits:
The CIT(A) observed that the AO did not reject the assessee's books of accounts or point out any defects in the method of accounting. The AO's reliance on theoretical percentages without rejecting the books or finding specific defects was deemed unjustified. The CIT(A) concluded that the additions based on such estimations were not warranted, especially in the absence of any adverse information from the search operations.

Conclusion:
The CIT(A) directed the AO to delete the additions made based on the percentage of net profit over gross profit, as these additions lacked a factual or legal basis. The Tribunal upheld the CIT(A)'s decision, confirming that the AO's method was unjustified and that no incriminating evidence supported the additions. Consequently, the appeals filed by the revenue were dismissed.

← Previous Next →