2012 (8) TMI 64 - AT - Income Tax

Addition on account of profit earned from unaccounted sales Held that - Central Excise Department conducted enquiry at business premises of assessee and the partner admitted before them, that the assessee had made sales and which remained unrecorded in the books of accounts - On the basis of information received from Excise, the A.O. estimated unrecorded sales and estimated net profit by applying the net profit rate of the recorded sales - CIT (A) has erred in deleting the addition

Summary

Issues involved:
Revenue's appeal against CIT (A)'s order for the assessment year 2005-06 regarding deletion of addition made for profit earned from unaccounted sales.

Detailed Analysis:

1. Grounds of Appeal by Revenue:
The Revenue challenged the CIT (A)'s decision to delete the addition of Rs.33,59,180 made for profit earned from unaccounted sales worth Rs.2,08,81,533. The Revenue argued that the CIT (A) erred in treating the sales as per return of Rs.3,14,44,217 as inclusive of unaccounted sales and in considering the profit estimated as inclusive of the profit worked out on unaccounted sales. The Revenue prayed for setting aside the CIT (A)'s order and restoring that of the Assessing Officer (A.O.).

2. Hearing and Assessment Proceedings:
Despite multiple hearing notices, the assessee did not appear, leading to the case being decided on merit. The assessee had filed a return of income declaring total income at Rs. Nil after claiming deduction u/s. 80IB. The A.O. finalized the assessment u/s.144, determining the total income at Rs.1,51,10,830 after various additions/disallowances, leading to an appeal before CIT (A).

3. CIT (A) Order and Revenue's Appeal:
CIT (A) gave partial relief to the assessee based on the material on record, upholding the addition of Rs.50,05,949 but deleting the addition of Rs.33,59,180 for estimated net profit on unaccounted sales. The Revenue contested this decision, arguing that the net profit calculation did not consider the distinction between accounted and unaccounted sales.

4. ITAT Decision:
The ITAT upheld the A.O.'s addition of Rs.33,59,180, disagreeing with CIT (A)'s reasoning. The ITAT noted that there was no evidence to support the inclusion of unaccounted sales in the total sales figure, thereby rejecting the argument that the profit on unaccounted sales was automatically included in the estimated net profit. As a result, the ITAT dismissed the Revenue's appeal, affirming the A.O.'s order.

In conclusion, the ITAT's decision emphasized the importance of distinguishing between accounted and unaccounted sales in determining net profit, ultimately upholding the A.O.'s addition related to unaccounted sales profit.