2011 (12) TMI 8 - AT - Income Tax

AO has rejected the book result of the assessee and made disallowances - Held that income of the assessee has to be estimated by adopting a suitable gross profit rate - appeal of the revenue is dismissed

Summary

Issues:
1. Rejection of book result by AO and computation of income.
2. Disallowances made under various heads by AO.
3. Adoption of suitable gross profit rate for estimating income.
4. Appeal against order passed by Ld. CIT(A) Faridabad for asstt. year 2004-05.

Issue 1: Rejection of book result by AO and computation of income:
The department's appeal was directed against the order passed by Ld. CIT(A) Faridabad for the assessment year 2004-05. The AO rejected the book result of the assessee and made disallowances under various heads. Ld. First Appellate Authority held that once the book result is rejected, additions under various heads are not necessary, and the income should be estimated by adopting a suitable gross profit rate. Consequently, all additions were deleted, and the AO was directed to compute the income by adopting an 8% GP rate.

Issue 2: Disallowances made under various heads by AO:
The revenue raised 14 grounds of appeal, with the dispute relating to the manner of addition and computation of income. The AO had made additions under various heads, which were subsequently deleted by Ld. CIT(A). The revenue challenged each item of addition in grounds 1 to 12, seeking specific adjudication.

Issue 3: Adoption of suitable gross profit rate for estimating income:
The Ld. Counsel for the assessee argued that the issue in dispute was covered in favor of the assessee by a previous ITAT order for the assessment years 2000-01 to 2003-04. The Tribunal had concluded that the facts and circumstances were similar, and the issue was in favor of the assessee. The Ld. CIT(A) had estimated the profit at 8% GP rate, following a similar view taken in earlier years, which was upheld by the ITAT. The Tribunal, considering the similarity in facts and issues, upheld the Ld. CIT(A)'s order and dismissed the appeal of the revenue.

Issue 4: Appeal against order passed by Ld. CIT(A) Faridabad for asstt. year 2004-05:
Given the similarity in facts, identical issues, and the consistent view taken by Ld. CIT(A) in earlier years, which was upheld by the ITAT, the Tribunal upheld the order of Ld. CIT(A) and dismissed the appeal of the revenue.

In conclusion, the Tribunal dismissed the appeal of the revenue, citing the similarity in facts, issues, and the consistent approach taken in earlier years. The decision was based on the adoption of a suitable gross profit rate for estimating income and the rejection of the book result by the AO.