2013 (8) TMI 512 - AT - Income Tax

Rejection of books of accounts - A.O. made addition on various grounds rejecting books of accounts - CIT deleted addition - Held that - assessment order of 2005-06 & 2006-07 and from the assessment order under consideration find that the Assessing Officer has rejected the books of accounts by holding similar findings and has not brought out any defect in the books of accounts. The Assessing Officer has rejected the books of accounts and made addition on account of suppression of production on the basis of assumption only - There is discrepancy in the submissions of assessee regarding increase in prices of raw material and decrease in prices of finished goods. He did not point out any defect in the stock register or in the prices of raw material and finished goods as claimed by the assessee - Decided against Revenue. Disallowance of freight, octroi and cartage expenses - proper vouchers and bills not produced - Held that - Assessing Officer has every right to look into the genuineness of expenses claimed by the assessee and in the absence of non production or inadequate documentary evidence in support of expenses claimed can disallow a part of expenses after recording finding of facts. He has every right to call for explanation and in view of non explanation he is empowered to make reasonable disallowance keeping in view the facts and circumstances of each case - Assessing Officer is directed to obtain the vouchers/bills of these expenses and ascertain the genuineness of the same and disallow amounts under these heads if any on a reasonable and authentic basis - Decided in favour of Revenue.

Issues Involved:
1. Rejection of books of accounts under Section 145(3).
2. Addition due to fall in Gross Profit (GP) ratio.
3. Addition on account of suppression of production.
4. Addition on account of freight, octroi, and cartage expenses.
5. Addition on account of rebate expenses.
6. Addition on account of wages expenses.
7. Addition on account of Dalali expenses.
8. Addition on account of wrapping expenses.
9. Addition on account of repair and maintenance expenses.

Issue-wise Detailed Analysis:

1. Rejection of Books of Accounts:
The Assessing Officer (AO) rejected the books of accounts under Section 145(3) due to perceived discrepancies in the manufacturing results. The CIT(A) invalidated this rejection, stating that the AO relied on previous assessments without new evidence. The CIT(A) noted that the books were duly audited and no defects were found. The Tribunal upheld this view, emphasizing that the AO's rejection was based on assumptions without pointing out specific defects in the books.

2. Addition Due to Fall in GP Ratio:
The AO added Rs. 22,19,007/- due to a fall in the GP ratio from 13.52% to 11.96%. The CIT(A) deleted this addition, noting that the AO did not find any discrepancies in the books or stock registers. The Tribunal agreed, citing precedents that a mere fall in profit margin without specific defects in the accounts does not justify such an addition.

3. Addition on Account of Suppression of Production:
The AO added Rs. 28,82,006/- for alleged suppression of production. The CIT(A) deleted this addition, stating that the AO found no defects in the books and relied on assumptions. The Tribunal upheld this deletion, noting that similar additions in previous years were also deleted due to lack of evidence.

4. Addition on Account of Freight, Octroi, and Cartage Expenses:
The AO added Rs. 13,79,544/- due to improper documentation. The CIT(A) deleted this addition, referencing similar deletions in previous years upheld by the Tribunal. The Tribunal, however, noted that the AO is entitled to verify the genuineness of expenses and remanded the issue back to the AO for fresh examination with proper documentation.

5. Addition on Account of Rebate Expenses:
The AO added Rs. 5,77,944/- due to lack of proper vouchers. The CIT(A) deleted this addition, finding no discrepancies in the bills produced. The Tribunal remanded this issue back to the AO for re-examination with proper documentation.

6. Addition on Account of Wages Expenses:
The AO added Rs. 4,95,629/- due to the absence of vouchers. The CIT(A) deleted this addition, noting that the wages register and books were test-checked with no discrepancies found. The Tribunal remanded this issue back to the AO for re-examination with proper documentation.

7. Addition on Account of Dalali Expenses:
The AO added Rs. 3,50,182/- due to lack of documentary evidence. The CIT(A) deleted this addition, stating that the expenses were a routine trading practice and no defects were found in the vouchers. The Tribunal remanded this issue back to the AO for re-examination with proper documentation.

8. Addition on Account of Wrapping Expenses:
The AO added Rs. 1,27,366/- due to lack of supporting bills. The CIT(A) deleted this addition, finding the AO's disallowance to be arbitrary. The Tribunal did not specifically address this issue separately but implied it should be re-examined by the AO.

9. Addition on Account of Repair and Maintenance Expenses:
The AO added Rs. 1,38,635/- due to lack of supporting vouchers. The CIT(A) deleted this addition, criticizing the AO for not providing the assessee an opportunity to submit supporting documents. The Tribunal did not specifically address this issue separately but implied it should be re-examined by the AO.

Conclusion:
The Tribunal upheld the deletion of additions related to the rejection of books of accounts, fall in GP ratio, and suppression of production. However, it remanded the issues related to various expenses (freight, octroi, cartage, rebate, wages, Dalali, wrapping, and repair and maintenance) back to the AO for fresh examination with proper documentation. The appeal was partly allowed for statistical purposes.

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