2010 (10) TMI 782 - HC - Income Tax

Unaccounted sales - Assessing Officer has made addition by applying rate of 14.25 per cent. to the estimated unaccounted sales, appellant carried out unaccounted sales of knitted fabric is confirmed by the Central Excise Department - appellant carrying out such sales outside the books of account is undisputed facts not controverted even during the appeal proceedings Held that - As the profit on the sales of Rs. 45,19,63,026 and which came to Rs. 1,92,98,200 has already been considered as income of the appellant, the sales whatsoever, which have not been accounted for in the sales considered in the audited accounts filed with the return of income are taken to be covered in the sales reflected in the balance-sheet with the Registrar of Companies. Once the income of the appellant had been held to be assessable at Rs. 1,92,822,200 as against that of Rs. 9,984 shown in the return of income, the addition of Rs. 53,58,618 with all fairness should be taken to have been covered in the above addition. As such, there is no need to make separate addition of Rs. 52,58,618 and this addition accordingly deleted, appellant is unable to dispute the correctness of concurrent finding recorded by the Commissioner of Income-tax (Appeals) and the Tribunal that the alleged unaccounted sales which were made the basis for addition to the income of the assessee, were already covered by income declared by the assessee, no substantial question of law arises, appeal is dismissed.

Summary

Issues:
1. Whether unaccounted sales were properly assessed for taxation.
2. Whether the addition made by the Assessing Officer was justified.
3. Whether the decision of the Commissioner of Income-tax (Appeals) was correct.
4. Whether the Income-tax Appellate Tribunal erred in law.

Issue 1:
The appellant appealed against the order of the Income-tax Appellate Tribunal regarding the inclusion of unaccounted sales in the total sales amount. The appellant raised questions about the inclusion of a specific amount in the sales figure, which was allegedly not accounted for in terms of Central excise duty. The Commissioner of Income-tax (Appeals) had already considered the unaccounted sales and profit rate, concluding that the sales were covered by the income declared by the assessee. The Tribunal and the Commissioner found that the alleged unaccounted sales were already included in the income declared, leading to the dismissal of the appeal.

Issue 2:
The Assessing Officer had made an addition to the income of the assessee based on the alleged unaccounted sales. However, the Commissioner of Income-tax (Appeals) disagreed with this addition, stating that the unaccounted sales were already covered by the income declared by the assessee. The Tribunal also upheld this decision, leading to the deletion of the addition made by the Assessing Officer. The appellant did not dispute the findings of the Commissioner and the Tribunal, ultimately resulting in the dismissal of the appeal.

Issue 3:
The decision of the Commissioner of Income-tax (Appeals) played a crucial role in this case as it determined that the alleged unaccounted sales were already accounted for in the income declared by the assessee. The Commissioner's detailed analysis highlighted that the sales figures filed with the Registrar of Companies were consistent with the audited accounts, leading to the conclusion that no separate addition needed to be made. The Tribunal concurred with this decision, emphasizing that the unaccounted sales were already covered by the income declared, thereby supporting the dismissal of the appeal.

Issue 4:
The Income-tax Appellate Tribunal's decision was challenged in this appeal. The Tribunal had agreed with the Commissioner of Income-tax (Appeals) that the unaccounted sales were already considered in the income declared by the assessee. The Tribunal's decision, based on the facts presented and the analysis conducted, was crucial in determining that no separate addition was required. The appellant's challenge against the Tribunal's decision was dismissed, affirming the Tribunal's findings and the Commissioner's decision.

This judgment primarily revolves around the assessment of unaccounted sales for taxation purposes, the justification of additions made by the Assessing Officer, the correctness of the Commissioner of Income-tax (Appeals) decision, and the alleged error in law by the Income-tax Appellate Tribunal. The detailed analysis and findings of the Commissioner and the Tribunal played a significant role in determining that the unaccounted sales were already covered by the income declared by the assessee, leading to the dismissal of the appeal. The consistency in the sales figures filed and the comprehensive assessment conducted by the authorities resulted in the rejection of the appellant's claims, highlighting the importance of accurate financial reporting and compliance with tax regulations.