2010 (9) TMI 700 - AT - Income Tax

Method of accounting - Rejection of book Result - assessee produced records before the Assessing Officer but he could not point out any defects and even he could not find that if unaccounted production and sales is there, then there should be corresponding unaccounted purchase also but there is no such finding - In the present case, the Assessing Officer has rejected the book results but found no defects in the books of accounts of the assessee - Sec. 145(1), or section 145(2), can be invoked only if and where the elements attracting either of those provisions are found to exist - Assessing Officer has rejected the book results of the assessee without pointing out any defect in the books and consequential estimation of profit by the Assessing Officer is without any basis - Decided in the favour of the assessee

Summary

Issues Involved:
1. Rejection of book results under Section 145 of the Income Tax Act.
2. Estimation of gross profit.
3. Disallowance of expenses.

Detailed Analysis:

1. Rejection of Book Results under Section 145 of the Income Tax Act:
The primary issue in this appeal concerns the rejection of the book results by the Assessing Officer (AO) under Section 145 of the Income Tax Act. The AO noted a significant fall in the gross profit ratio of the assessee-firm compared to the preceding years and required the assessee to furnish reasons for this decline. The assessee cited reasons such as a shift in office, lack of experience in selling specific products, competition with factories in Union Territories, increased labor costs, and strikes affecting production.

However, the AO found the explanations vague and unsupported by evidence. Specific reasons for rejecting the book results included:
- The explanations were general and not backed by concrete evidence.
- The cost of purchase per kilogram was cited, but the gross profit should be based on the consumption of raw materials.
- The assessee could not justify selling finished goods at lower prices despite increased production costs.
- There were discrepancies in the consumption of electricity relative to production, indicating possible unaccounted production.
- The assessee did not maintain day-to-day quality yarn production and stock registers, making inventory verification impossible.
- Lack of evidence for certain expenses like octroi, freight, and air charges.

The Commissioner of Income-tax (Appeals) [CIT(A)] upheld the AO's decision, emphasizing the unexplained fall in gross profit and the absence of production registers. The CIT(A) also noted that the comparable case cited by the assessee did not provide a true picture and that the assessee failed to produce evidence for certain expenses.

Upon appeal, the Tribunal found that the assessee had maintained records of quantity of yarn, including opening stock, closing stock, purchases, and sales, and produced these records before the AO. The AO could not point out any defects or establish unaccounted purchases or sales. The Tribunal noted that the AO's rejection of the book results was based on arithmetic assumptions without concrete evidence. The Tribunal emphasized that the AO must find specific defects in the books of accounts to reject them under Section 145. Since no such defects were found, the Tribunal accepted the book results and deleted the addition.

2. Estimation of Gross Profit:
The AO estimated the gross profit rate at 11.15%, based on the average of the preceding two years, due to the rejection of the book results. However, since the Tribunal accepted the book results and found no defects in the books of accounts, the issue of gross profit estimation became academic. Consequently, this issue was resolved in favor of the assessee as the addition was already deleted.

3. Disallowance of Expenses:
The assessee did not press the issue regarding the disallowance of expenses during the appeal. Therefore, this issue was dismissed as not pressed.

Conclusion:
The Tribunal partly allowed the assessee's appeal by accepting the book results, deleting the addition based on the estimation of gross profit, and dismissing the issue of disallowance of expenses as not pressed.