2010 (2) TMI 757 - AT - Income Tax

Rejection of books of account u/s 145(3). - disallowance the labour and wages charges paid by the assessee. - Upholding the addition of difference in the accounts of the assessee with Party - Addition on the basis of difference in the closing balance of creditors account - Addition u/s 69A being the amount deposited in bank account. - Disallowance of remuneration payable to partner. Rejection of Books. Held that - the book result is rejected, the Assessing Officer, thereafter once again cannot take recourse to the books of account so as to find out the income therefrom and make addition/disallowance. Since the income is to be assessed as per section 144, the income is to be assessed after taking into account all the relevant material to the best of the judgment. decided against Assessee.

Issues Involved:
1. Rejection of books of account under section 145(3).
2. Disallowance of labour and wages charges.
3. Addition due to differences in accounts with creditors.
4. Addition under section 69A for unexplained bank deposits.
5. Disallowance of partner's remuneration under section 40(b).

Detailed Analysis:

1. Rejection of Books of Account under Section 145(3):
The first issue involves the rejection of the books of account under section 145(3) of the Income-tax Act, 1961. The assessee argued that no discrepancies were found in the books of account, but the Tribunal held that the books were not supported by wage registers/vouchers, thus justifying the rejection under section 145(3). The Tribunal stated that once the book results are rejected, the Assessing Officer (AO) cannot rely on the same books for computing income and must make an assessment to the best of judgment under section 144.

2. Disallowance of Labour and Wages Charges:
The second issue concerns the disallowance of Rs. 37,05,021 for labour and wages charges. The AO found discrepancies between the wage registers and the books of account, leading to the disallowance. The Tribunal noted that the assessee failed to produce the wage registers during the survey, and some vouchers were unsigned, supporting the AO's decision. However, the Tribunal directed the AO to estimate the income at 10% of the contract receipts, considering all relevant materials and past records, rather than making arbitrary disallowances.

3. Addition Due to Differences in Accounts with Creditors:
The third and fourth issues relate to additions due to differences in accounts with creditors, specifically with M/s. Berger Paints Ltd. and other creditors. The Tribunal held that since the income was estimated to the best of judgment, no separate addition for these differences was called for. The Tribunal referenced the Punjab and Haryana High Court's decision in CIT v. Aggarwal Engg. Co., which stated that when income is estimated from contracts, no further additions under sections 68 and 69B are warranted.

4. Addition Under Section 69A for Unexplained Bank Deposits:
The fifth issue involves the addition of Rs. 3,18,059 under section 69A for unexplained bank deposits. The Tribunal ruled that since the income was estimated, no separate addition for bank deposits was necessary. However, it clarified that if the application of income is higher than the estimated income, the excess amount should be taxed.

5. Disallowance of Partner's Remuneration Under Section 40(b):
The final issue pertains to the disallowance of remuneration payable to partner Smt. S. Mishra, who was not considered a working partner. The Tribunal upheld the disallowance under section 40(b) and noted that the remuneration should not form part of Smt. S. Mishra's income.

Cross-Appeals for Assessment Years 2002-03 and 2003-04:
For these years, the Tribunal followed the same reasoning as for the assessment year 2004-05, rejecting the books of account and estimating income at 10% of contract receipts. It deleted the disallowance of labour/wages charges and upheld the rejection of books under section 145(3).

Appeals for Assessment Years 1999-2000, 2000-01, and 2001-02:
The Tribunal upheld the rejection of books of account and directed the AO to estimate income at 10% of contract receipts. It deleted the disallowance of labour charges and upheld the rejection of books under section 145(3). The Tribunal also addressed the disallowance of remuneration to Smt. S. Mishra, consistent with its earlier findings.

Summary of Results:
1. The assessee's appeal for the assessment year 2004-05 is partly allowed.
2. The assessee's appeals for the assessment years 2002-03 and 2003-04 are partly allowed; the Revenue's appeals for the same years are dismissed.
3. The Revenue's appeals for the assessment years 1999-2000, 2000-01, and 2001-02 are dismissed; the assessee's cross-objections for the same years are partly allowed.

Conclusion:
The Tribunal provided a detailed analysis of each issue, ensuring that the income estimation was fair and based on relevant materials and past records. It upheld the rejection of books of account and disallowed arbitrary disallowances, ensuring a consistent approach across different assessment years.

← Previous Next →