2011 (9) TMI 799 - HC - Income Tax

Rejection of book of accounts - Best judgment assessment - Assessing Officer has given detailed reasons in the assessment order as to why he was not satisfied about the correctness and completeness of the accounts of the appellant - No details of production yield and wastage were produced though the papers impounded during the course of survey indicated that the appellant was maintaining these details - Decided against the assessee Regarding non-service of notice under section 143(3) - This issue has been raised by the appellant for the first time before this Court - now it is not open to the appellant to allege at this stage that the assessment proceedings had been initiated without issuing proper-notice under section 143(2) of the Act - Appeal is dismissed

Summary

Issues:
1. Rejection of books of account by the Assessing Officer.
2. Non-service of notice under section 143(2) of the Income Tax Act.

Analysis:
1. Rejection of books of account:
The appellant, engaged in the business of snacks and sweet items, had their books of account rejected by the Assessing Officer, leading to a best judgment assessment under section 144 of the Income Tax Act. The Assessing Officer found discrepancies in the appellant's accounts, such as unrecorded sales, lack of evidence for cash sales, unreliable cash sales figures, and missing details on stock, production yield, and wastage. Despite providing opportunities for explanation, the appellant failed to substantiate the discrepancies. The Commissioner (Appeals) upheld the rejection of books of account, emphasizing the importance of maintaining verifiable sales records and consumption details of raw materials. The Tribunal concurred with the Assessing Officer's decision, noting the cogent reasons provided for rejecting the accounts. The High Court, upon review, found no error in the Assessing Officer's action under section 145(3) and section 144 of the Act, ultimately dismissing the appeal.

2. Non-service of notice under section 143(2):
The appellant raised the issue of non-service of notice under section 143(2) for the first time before the High Court. However, it was established that the appellant had participated in the assessment proceedings at prior stages without contesting the notice. The case was transferred by the Commissioner of Income Tax to a different assessing officer, who issued the notice within the required time frame. Although the transfer order was initially challenged by the appellant, subsequent actions were taken to rectify the situation. The High Court concluded that the appellant could not raise the issue of improper notice issuance at this stage, as the necessary steps had been taken to rectify any procedural irregularities. Consequently, the High Court found no substantial legal question in this regard and dismissed the appeal.

In summary, the High Court upheld the rejection of the appellant's books of account by the Assessing Officer under section 145(3) and section 144 of the Income Tax Act, while also ruling that the issue of non-service of notice under section 143(2) was not valid grounds for appeal at the current stage of proceedings.