2009 (2) TMI 855 - AT - Income Tax

Summary

Issues Involved:
1. Rejection of books of accounts u/s 145 of the Income Tax Act.
2. Gross Profit (GP) addition of Rs. 16,13,014/-.
3. Calculation of deduction u/s 80HHC.
4. Additions u/s 69C for unexplained expenditure.
5. Disallowance of depreciation.
6. Disallowance of foreign tour expenses.
7. Addition u/s 41(1) for cessation of liability.
8. Disallowance of interest u/s 36(1)(iii).
9. Charging of interest u/s 234B/C.

Summary:

1. Rejection of Books of Accounts u/s 145:
The Tribunal upheld the rejection of the books of accounts by the Assessing Officer (AO) due to various discrepancies, including untraceable stock registers and unsupported cash vouchers. The AO invoked provisions of section 145 of the Income Tax Act, 1961, and the Tribunal found this action legally and factually correct.

2. Gross Profit (GP) Addition of Rs. 16,13,014/-:
The AO added Rs. 16,13,014/- to the assessee's income by applying the previous year's GP rate of 38.79% instead of the declared 30.47%. The Tribunal directed the AO to verify if the net profit percentage to sales for the current year is better than the previous year or the average of the last three years. If so, the addition should be deleted.

3. Calculation of Deduction u/s 80HHC:
The Tribunal did not specifically address this issue in the detailed judgment provided.

4. Additions u/s 69C for Unexplained Expenditure:
The AO added Rs. 3,05,000/- for discrepancy in stock and Rs. 5,60,000/- for repairs disclosed during the survey as unexplained expenditure u/s 69C. The Tribunal directed the AO to delete the addition of Rs. 8,69,796/- since the disclosed income of Rs. 9,03,365/- was already included in the annual accounts, preventing double addition.

5. Disallowance of Depreciation:
The Tribunal did not specifically address this issue in the detailed judgment provided.

6. Disallowance of Foreign Tour Expenses:
The Tribunal did not specifically address this issue in the detailed judgment provided.

7. Addition u/s 41(1) for Cessation of Liability:
The AO added Rs. 71,860/- as income due to cessation of liability for outstanding creditors. The Tribunal remanded the issue back to the AO to verify the payment evidence provided by the assessee and re-adjudicate accordingly.

8. Disallowance of Interest u/s 36(1)(iii):
The AO disallowed Rs. 2,88,678/- due to the lack of verification of cash flow and bank statements. The Tribunal remanded the issue back to the AO, directing the assessee to furnish the necessary documents for verification and re-adjudication. The AO may also consider the alternate contention under section 14A read with Rule 8D.

9. Charging of Interest u/s 234B/C:
The Tribunal did not specifically address this issue in the detailed judgment provided.

Conclusion:
The appeal was partly allowed, with specific directions for verification and re-adjudication on certain issues. The Tribunal emphasized the need for proper documentation and verification by the AO before making additions or disallowances.