2016 (2) TMI 1154 - AT - Income Tax

Addition on account of estimation of gross profit - Held that - We fail to comprehend the action of the Revenue in benchmarking higher G.P. of one centre and in consequence extrapolate the same to another centre. No tangible material has been brought on record by the Revenue to enable it to displace the actual G.P. declared by the assessee. It is well-settled that the assessee is not obliged to maximize its it profits. In the light of the aforesaid discussion we find considerable merit in the plea of the assessee that such addition based on assumptions and presumptions are totally uncalled for and deserves to be deleted. In the result the Grounds taken by the assessee. Disallowance invoking section 40(a)(ia) - Held that - We find that the Co-ordinate Bench of the Tribunal on the identical point has decided the issue in favour of the assessee in the case of M/s S. & S. Wire Products vs. ITO 2016 (1) TMI 1347 - ITAT PUNE held that Second proviso to section 40(a)(ia) is clarificatory and therefore retrospective in operation and as a consequence once the payee has discharged in tax obligation in accordance with law operation of section 40(a)(ia) stands dispensed with. The Assessing Officer is directed to adjudicate the issue in accordance with law after affording reasonable opportunity of hearing to the assessee. Thus on this Ground assessee succeeds for statistical purposes.

Issues Involved:
1. Rejection of books of accounts and estimation of gross profit.
2. Disallowance under section 40(a)(ia) of the Income Tax Act.
3. Ad-hoc disallowance.
4. Levy of interest under sections 234B and 234C.
5. Cross appeals for assessment year 2008-09.

Issue-wise Detailed Analysis:

1. Rejection of Books of Accounts and Estimation of Gross Profit:
The assessee, engaged in wholesale trading of pulses and cereals, faced rejection of its books of accounts by the Assessing Officer (AO) due to discrepancies in gross profit (G.P.) ratios between its Satara and Delhi centers. The AO noted a significant difference in G.P. ratios (3.67% for Satara and 1.74% for Delhi) and attributed it to the absence of quality/type-wise details in the trading accounts. The AO rejected the book results and estimated the G.P. for the Delhi center at 3.67%, leading to an addition of Rs. 20,31,232/-. The CIT(A) provided partial relief by sustaining an addition of Rs. 13,70,844/-.

The Tribunal found that no specific defects were pointed out in the books, and the differences in G.P. could be attributed to regional market conditions and trade practices. It concluded that the AO's action was based on assumptions and presumptions without tangible evidence. The Tribunal directed the deletion of the addition sustained by the CIT(A), allowing the assessee's grounds on this issue.

2. Disallowance under Section 40(a)(ia) of the Income Tax Act:
The AO disallowed interest payments totaling Rs. 10,28,678/- made to various cooperative credit societies under section 40(a)(ia) due to non-deduction of tax at source. The CIT(A) upheld the disallowance, rejecting the assessee's argument that the cooperative societies' income was exempt under section 80P and thus not subject to TDS.

The Tribunal referred to the amendment by the Finance Act, 2012, which clarified that disallowance under section 40(a)(ia) would not apply if the payee had discharged its tax liability. It cited a similar decision in M/s S. & S. Wire Products vs. ITO, where the second proviso to section 40(a)(ia) was deemed retrospective. The Tribunal restored the matter to the AO for reconsideration in light of this proviso, allowing the assessee's ground for statistical purposes.

3. Ad-hoc Disallowance:
The assessee contested an ad-hoc disallowance of Rs. 79,215/- made by the AO. However, this ground was not pressed during the hearing and was dismissed as not pressed.

4. Levy of Interest under Sections 234B and 234C:
The assessee challenged the levy of interest under sections 234B and 234C. This ground was general in nature and was dismissed without specific adjudication.

5. Cross Appeals for Assessment Year 2008-09:
For the assessment year 2008-09, the Revenue's appeal was dismissed due to the tax effect being below the revised monetary limit prescribed by CBDT Circular No. 21 of 2015. The assessee's appeal included grounds similar to the previous year, particularly the disallowance under section 40(a)(ia) for interest payments to cooperative societies. The Tribunal applied its earlier decision, restoring the matter to the AO for reconsideration.

Conclusion:
The Tribunal partly allowed the assessee's appeals for both assessment years 2007-08 and 2008-09, directing deletions and reconsiderations of certain additions and disallowances. The Revenue's appeal for the assessment year 2008-09 was dismissed. The decisions emphasized the need for specific defects in books of accounts and the applicability of the second proviso to section 40(a)(ia).

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