2012 (8) TMI 706 - AT - Income Tax

Suppression of Sales - retail trade in liquor AO on observation of GOMS of the Govt., of AP and retailer s margin, reworked sales based on MRP fixed - addition made for suppression of sales, deleted by CIT(A) on ground that MRP fixed by the Government may be an indicator for knowing the general price of the product but the same cannot be considered as the price for which the sales were effected by the assessee Revenue contesting the same on various grounds including that TDS & TCS rate of 1% fixed in liquor trade if adopted would render net profit margin to be in excess of 5% - Held that - In view of aforesaid and various other submissions of Revenue, we set aside the order of the CIT(A) and direct the AO to estimate net profit at 5% of the purchases or stock put for sale during the year subject to the assessed income not less than returned income Decided partly in favor of Revenue.

Summary

Issues:
1. Disallowance of suppressed sales by the Assessing Officer.
2. Disagreement on the pricing of liquor products between the Government-fixed MRP and actual sales prices.
3. Appeal against the order of the CIT(A) by the Revenue.

Issue 1: Disallowance of Suppressed Sales
The Assessing Officer reworked the sales of liquor products by the assessee, noting a difference between the value of sales as per government orders and the sales reflected in the books. This difference of Rs. 18,94,799 was treated as suppressed sales and added to the assessee's income.

Issue 2: Disagreement on Pricing of Liquor Products
The CIT(A) considered the contention of the assessee regarding stiff competition in the liquor business, leading to sales below Government-fixed MRP rates. The CIT(A) observed that MRP serves as a general price indicator but does not necessarily reflect actual sales prices. Without specific information contradicting recorded sales prices, the CIT(A) deleted the disallowance made by the Assessing Officer.

Issue 3: Appeal Against CIT(A) Order
The Revenue appealed the CIT(A)'s decision, raising grounds that the order was erroneous in fact and law. They argued for income estimation due to lack of evidence supporting the assessee's profit calculations and the rejection of account books. The Revenue also highlighted the need for tax collection from liquor trade, citing instances of sales above MRP and the contribution to state revenue.

In the final judgment, the ITAT set aside the CIT(A)'s order based on the Revenue's submissions. The ITAT directed the Assessing Officer to estimate the net profit at 5% of the purchases or stock put for sale during the year, ensuring the assessed income is not less than the returned income. The appeal of the Revenue was partly allowed, emphasizing the importance of accurate profit estimation in the liquor trade for tax collection purposes.