2010 (8) TMI 1078 - AT - Income Tax

Summary

Issues Involved:
1. Adoption of unaccounted sales.
2. Estimation of Gross Profit on unaccounted sales.
3. Additions for unaccounted purchases.
4. Addition towards payment of money on retirement from Partnership Firm.
5. Addition in respect of purchases of chemicals.
6. Addition of gifts as unexplained income u/s 68 of the Act.

Summary:

1. Adoption of Unaccounted Sales:
The first common issue relates to the adoption of unaccounted sales at Rs. 3,13,29,137/- more than the unaccounted sales admitted by the appellant at Rs. 76,16,558/-. The appellant was found to have carried on parallel business outside the books of accounts using "One day clearing agents." The Assessing Officer (AO) calculated additional unaccounted sales and estimated the income at 7.24%. The appellant argued that the adoption of the figure of suppressed sales is not sustainable, citing that the cheques worth Rs. 76,16,558/- were related to him, and there was no connection with the remaining cheques. The Tribunal found that the AO's adoption of unaccounted sales was based on surmises and conjectures without any cogent evidence. Therefore, the addition made by estimating income at 7.24% on the alleged unaccounted sales of Rs. 3,13,29,137/- was directed to be deleted.

2. Estimation of Gross Profit on Unaccounted Sales:
The next issue relates to the estimation of Gross Profit (GP) on the unaccounted sales. The appellant contended that the GP on unaccounted sales should be at 5%, as stated in his statement. The Tribunal held that since the adoption of unaccounted sales itself was not sustainable, the estimation of GP at 7.24% was also not sustainable.

3. Additions for Unaccounted Purchases:
For the assessment years 2000-01 and 2005-06, the AO made separate additions towards unaccounted purchases. The appellant argued that the working made for unaccounted purchases based on alleged sales was erroneous. The Tribunal held that since the adoption of unaccounted sales was not sustainable, the additions towards unaccounted purchases were also not sustainable. Therefore, the additions of Rs. 7,59,920/- and Rs. 38,73,880/- for the respective assessment years were directed to be deleted.

4. Addition Towards Payment of Money on Retirement from Partnership Firm:
The issue relates to the addition of Rs. 40,00,000/- towards payment of money on retirement from the Partnership Firm. The appellant argued that the amounts standing to the credit of the retiring partners were paid through cheques, and there was no material to support the addition. The Tribunal found that except for a statement from one of the retiring partners, no other material was unearthed by the Department to support the addition. Therefore, the addition of Rs. 40,00,000/- was directed to be deleted.

5. Addition in Respect of Purchases of Chemicals:
The issue relates to the addition of Rs. 32,760/- in respect of purchases of chemicals for dyeing job work. The Tribunal held that since the appellant was doing business on credit, there was no justification for the addition. Therefore, the addition of Rs. 32,760/- was directed to be deleted.

6. Addition of Gifts as Unexplained Income u/s 68 of the Act:
The issue relates to the addition of Rs. 2,02,600/- representing gifts from relatives added as unexplained income u/s 68 of the Act. The appellant argued that no incriminating evidence was found during the search, and the addition was based on the appellant's disclosure. The Tribunal held that since no incriminating evidence was found, the addition could not be made. Therefore, the addition was directed to be deleted.

Conclusion:
All the appeals in the case of Shri S. Selvaraj and Shri S. Kathirvel were allowed, and the respective additions were directed to be deleted.