2013 (5) TMI 501 - AT - Income Tax

Undisclosed profit from unaccounted sales - CIT(A) by applying G.P. Rate of 20% deleted the addition of Rs. 5,14,196/- out of total addition of Rs. 14,71,796/- - assessment completed by AO u/s 153A - Undisclosed debtors addition deleted by CIT(A) - Held that - AO while determining the profit on undisclosed income of the assessee clubbed the undisclosed sales recorded in the books of account and also applied the average G.P. Rate of six years where the G.P. Rate declared was less than average G.P. Rate and where reverse was the position, the G.P. Rate of the said relevant year was applied to determine the undisclosed income. Thus the said action of the AO was not justified. CIT(A) rightly observed that the recorded sales should not have been included in the unaccounted sales for determining undisclosed profit. Also as only few expenses relating to undisclosed sales were found recorded in the books of account and apart from those expenses, various other expenses were incurred by the assessee which was evident from the statement of employees of the assessee whose salary was not found to be recorded in the seized documents, they have stated in their statements that 35 to 40 labourers were also working at the mines. The expenses relating to workers alongwith other expenses were found recorded in the seized documents but the other expenses recorded in the books of account were very meagre for the unrecorded sales. Therefore, CIT(A) was justified in observing that the G.P. Rate on the recorded sales in various years applied by the AO and net profit rate as claimed by the assessee were not correct for determining the undisclosed profit on the unrecorded sales & was fair and reasonable while applying the G.P. Rate at 20% on the undisclosed sales. CIT(A) was also justified in giving the set off to the undisclosed income of preceding year and the year under consideration for unrecorded debtors because nothing was brought on record to substantiate that undisclosed income was utilized by the assessee elsewhere other than the undisclosed / unrecorded trading activities. We therefore, do not see any merit in this appeal of the Department. Against revenue.

Summary

Issues Involved:
1. Deletion of addition on account of undisclosed profit from unaccounted sales.
2. Deletion of addition on account of undisclosed debtors.
3. Determination of undisclosed income from previous assessment years as a source of funds for subsequent investments.

Issue-wise Detailed Analysis:

1. Deletion of Addition on Account of Undisclosed Profit from Unaccounted Sales:
The Department contested the CIT(A)'s decision to apply a G.P. Rate of 20%, thereby deleting an addition of Rs. 5,14,196 out of a total addition of Rs. 14,71,796 made by the Assessing Officer (AO) for undisclosed profit from unaccounted sales. The AO had determined unaccounted sales at Rs. 47.88 lacs for the assessment year 2001-02 and applied a G.P. Rate of 30.74%, which was higher than the average gross profit rate of 30.68% for the assessment years 2000-01 to 2006-07. The CIT(A) found that the AO's method of including recorded sales in unaccounted sales and applying the higher G.P. Rate was unjustified. The CIT(A) observed that the correct method should not include recorded sales and should consider the actual expenses incurred outside the books of account, which were evident from seized documents and statements of employees. Therefore, the CIT(A) applied a fair and reasonable G.P. Rate of 20% on unrecorded sales, resulting in an undisclosed profit of Rs. 9,57,600.

2. Deletion of Addition on Account of Undisclosed Debtors:
The AO had determined undisclosed debtors at Rs. 12.07 lacs but made an addition on account of undisclosed profit because it was higher. The CIT(A) held that the undisclosed income for the assessment year 2000-01 became a source of funds for subsequent investments, including debtors. The CIT(A) reasoned that as long as the accumulated undisclosed income from previous years plus the undisclosed profit of the current year was more than the undisclosed debtors, no further addition should be made. The CIT(A) cited several case laws to support this view and concluded that the undisclosed income should be available for set-off against undisclosed debtors.

3. Determination of Undisclosed Income from Previous Assessment Years as a Source of Funds for Subsequent Investments:
The CIT(A) agreed with the assessee's proposition that the undisclosed income from the assessment year 2000-01 should be considered as available funds for investments in subsequent years. This was based on the principle that the undisclosed income declared and computed by the Revenue would be available to the assessee for explaining other additions or investments. The CIT(A) referenced case laws to support this approach and concluded that the undisclosed profit should be determined based on the unaccounted sales alone, without including recorded sales.

Conclusion:
The Tribunal upheld the CIT(A)'s findings, agreeing that the AO's method of including recorded sales in unaccounted sales and applying a higher G.P. Rate was unjustified. The Tribunal found the CIT(A)'s application of a 20% G.P. Rate on unrecorded sales to be fair and reasonable. The Tribunal also supported the CIT(A)'s decision to allow set-off of undisclosed income from previous years against undisclosed debtors. Consequently, the appeals of the Department were dismissed.