2012 (10) TMI 83 - AT - Income Tax

Rejection of books of accounts - fall in G.P. rate - improper maintenance of wage register - assessee contended that revenue authorities has not considered the fact that due to increase in material cost and payment of service tax there was fall in GP and, and mere defect in maintenance of wage register alone cannot be the ground for invoking provisions of section 145 without pointing out any specific defects in the audited books of account of the assessee - Held that - From the facts of this case it is found that AO had examined the books of accounts and statement of affaires maintained by the assessee thread bear and rightly rejected the same for the cogent reasons recorded in the assessment order. CIT(A) had also endorsed to the view of the AO. On examination of these facts, view of the revenue with regard to rejection of books of accounts is upheld. However, taking a lenient view considering the nature of business GP at 9% is taken instead of 6.88% declared by the assessee - Decided partly in favor of assessee

Summary

Issues:
1. Invocation of section 145(3) of the Income Tax Act.
2. Sustaining Gross Profit (G.P.) addition based on estimated and adhoc basis.

Issue 1: Invocation of section 145(3) of the Income Tax Act
The appellant contested the invocation of section 145(3) by the Deputy Commissioner of Income Tax (Dy. CIT), arguing that the books were audited and no defects were pointed out by the auditors. However, during the assessment proceedings, the Assessing Officer (AO) rejected the books of accounts due to various defects. The AO observed that the wage register lacked a proper basis, attendance records were inconsistent, and wage payment details were incomplete and incorrect. Additionally, the registers exhibited unexplained variations in wages disbursed to laborers, with no clear description of work or skill levels. The appellant failed to produce primary documents for verification, and explanations provided were deemed baseless and unverifiable. The AO estimated the income of the assessee based on statistical data, resulting in a substantial addition to the declared profit.

Issue 2: Sustaining Gross Profit (G.P.) Addition
The CIT(A) upheld the AO's decision, noting discrepancies in the register of wages and absence of primary evidence for labor payments. The CIT(A) found the explanations vague and unsupported by records, leading to the rejection of the wages register and, consequently, the books of accounts. While acknowledging changes in the nature of the business, the CIT(A) highlighted significant increases in income from specific activities, indicating potential underreporting. The CIT(A) estimated underreported income from specific enterprises and retained an addition of Rs. 5,20,000. The appellant challenged these decisions, asserting that the additions were based on assumptions and presumptions, and emphasized the meticulous maintenance and audit of accounts. However, the Tribunal upheld the revenue's view, citing cogent reasons for rejecting the books of accounts. Despite taking a lenient view, the Tribunal sustained an addition of Rs. 3,50,000 based on a revised Gross Profit percentage of 9%.

In conclusion, the Tribunal partially allowed the appeal, confirming the addition of Rs. 3,50,000 while providing relief on certain aspects. The judgment underscores the importance of maintaining accurate records and the authority's discretion to reject books of accounts based on substantial defects, even if audited. The case highlights the significance of verifiable documentation and the impact of income estimation on tax assessments.