2012 (12) TMI 524 - AT - Income Tax

Difference in comparable sale price - Cotton Waste sold to sister concern - market value of comparable cases as against the actual sale consideration - Held that - Nowhere in the order sheet, the assessee agreed for an estimated addition of Rs.88,06,811/- towards difference in sale price of cotton waste. Therefore, the observation of the AO that the assessee admitted for an estimated addition of towards difference in sale price of cotton waste compared to the prevailing market price is not born out from the record. CIT(A) sustained the addition holding that the concept of revenue neutral cannot be seen from the assessment year alone and it has to be seen from the subsequent years of taxation. As the CIT(A) has not given any finding on the ground raised by the assessee that there is no admission at all by the assessee for an ad-hoc estimated addition and as the AO has not provided any data collected by him to the assessee calling for its objection for making such an estimated addition, it is necessary to set aside the issue to CIT(A) for disposing of the issue afresh - in favour of assessee for statistical purposes.

Summary

Issues involved:
Appeal against the order of the Commissioner of Income Tax (Appeals) regarding the assessment year 2007-08. Grounds raised include: disagreement with the adoption of market value of comparable cases, sale of waste to another entity in the group, taxation of notional income, failure to consider specific grounds, and enhancement of purchase price. Dispute over an estimated addition of Rs. 88,06,811/- towards the difference in sale price of cotton waste compared to market price.

Analysis:

1. Disagreement with Market Value Adoption:
The appellant contested the Commissioner of Income Tax (Appeals)' decision to adopt the market value of comparable cases instead of the actual sale consideration for waste sold. The appellant argued that the entire sale was to another entity within the group, which was also under scrutiny by the same assessing officer. The appellant claimed that any profit from the lower purchase price would be taxed in the hands of the recipient company, thus no revenue loss occurred. The appellant further contended that no income was earned outside the books, questioning the taxation of notional income without specific provisions in the Act.

2. Specific Grounds Not Considered:
The appellant raised concerns that the Commissioner of Income Tax (Appeals) did not address ground 2(d) regarding an estimated addition of Rs. 88,06,811/-. The appellant denied admitting to such an addition, and discrepancies were noted in the Assessing Officer's analysis without providing data or seeking explanations. The Revenue's reliance on lower authorities was countered by the appellant's assertion that no admission was made, leading to the appeal being restored for a fresh decision.

3. Enhancement of Purchase Price:
The appellant sought direction for enhancing the purchase price of waste cotton in the hands of the purchasing company. The failure to consider this alternative relief was highlighted, emphasizing the need for a comprehensive review of the assessment in light of the specific grounds raised by the appellant.

4. Conclusion:
The Tribunal found discrepancies in the assessment process, noting the absence of evidence supporting the estimated addition. The Commissioner of Income Tax (Appeals) was directed to reevaluate the issue, providing the appellant with a fair opportunity to present their case. Consequently, the appeal was allowed for statistical purposes, indicating a procedural victory for the appellant pending a fresh decision by the Commissioner of Income Tax (Appeals).