2016 (7) TMI 1314 - AT - Income Tax

Unexplained expenditure in purchases towards the clandestine sales of steel bars - G.P. determination - Held that - Clandestine removal of goods without payment of Excise duty to the extent of 30, 62, 540/-. Assessing Officer is directed to compute the income in the hands of assessee by applying GP rate at 4% on said value of 30, 62, 540/- or by applying higher GP rate if any so declared by the assessee. However no addition was made under section 69C of the Act on account of undisclosed purchases on items utilized for the manufacture of TMT bars. It may be kept in mind that the assessee has already declared 1, 62, 315/- as income from other sources by taking the gross profit at 5.3%. Further the assessee had declared 36, 785/- as additional income which may be verified by the Assessing Officer as per directions. In view thereof there is no merit in the order of enhancement passed by the CIT(A) by taking the total purchases as income from other source. - Decided in favour of assessee.

Summary

Issues:
1. Addition of unexplained expenditure in purchases related to clandestine sales of steel bars.
2. Confirmation of addition towards undisclosed purchase of steel bars and gross profit.
3. Dispute regarding additions based on search conducted by Central Excise Department.
4. Enhancement based on statements recorded without confrontation or cross-examination opportunity.

Issue 1: Addition of Unexplained Expenditure in Purchases:
The appeal challenged the CIT(A)'s order of enhancing the income by Rs. 29,00,225 on account of unexplained expenditure in purchases related to clandestine sales of steel bars. The Assessing Officer had made additions for undisclosed purchases and gross profit. The CIT(A) issued a show cause notice for further enhancement, considering the entire amount of Rs. 30,62,540 as unexplained expenditure. The Tribunal referred to previous cases involving rolling mills and Excise investigations, emphasizing that additions should be limited to gross profit on clandestine goods' value. The Tribunal directed the Assessing Officer to compute income at 4% GP on the undisclosed sales value or the higher GP rate declared by the assessee.

Issue 2: Confirmation of Undisclosed Purchase and Gross Profit Addition:
The CIT(A) confirmed the addition of Rs. 3,10,000 for undisclosed purchases of steel bars and Rs. 36,785 towards gross profit. The assessee contended that the additions were unjustified due to disputed Central Excise assessments and lack of confrontation or cross-examination opportunities regarding statements. The Tribunal reiterated that additions should be based on gross profit from clandestine sales, not on purchase investments. It directed the Assessing Officer to verify the declared additional income and compute it accordingly.

Issue 3: Dispute Regarding Central Excise Department's Search Conduct:
The dispute arose from additions made based on a search conducted by the Central Excise Department, which the assessee argued were under dispute. The Tribunal emphasized that additions should be limited to gross profit on clandestine goods' value, following precedents related to Excise investigations in rolling mill cases. The Tribunal directed the Assessing Officer to calculate income based on GP rates on undisclosed sales value or higher declared GP rate by the assessee.

Issue 4: Enhancement Based on Unconfronted Statements:
The appeal also raised concerns about enhancements made on statements recorded from Shri Umesh Modi without confrontation or cross-examination opportunities. The Tribunal stressed that additions should be restricted to gross profit on clandestine goods' value, not on purchase investments. It directed the Assessing Officer to compute income based on GP rates on undisclosed sales value or higher declared GP rate by the assessee, without making additions under section 69C of the Act.

In conclusion, the Tribunal allowed the appeal, emphasizing that additions should be based on gross profit from clandestine sales rather than on purchase investments. It directed the Assessing Officer to calculate income at 4% GP on undisclosed sales value or the higher GP rate declared by the assessee. The Tribunal highlighted the importance of following precedents related to Excise investigations in rolling mill cases, limiting additions to gross profit on clandestine goods' value.