2013 (11) TMI 58 - AT - Income Tax

Rejection of books of accounts maintained u/s 145 of the Income Tax Act - Assessee is in the business of buying minerals and selling the same after processing. There is shortfall in the GP rate during the year at 16.88% from 19.16% in the immediately preceding assessment year Rejection of books of accounts Held that - Books of accounts of the assessee were regularly maintained in normal course of business, and audited by the Chartered Accountant. However, some disallowance on account of self-made vouchers with regard to some expenses claimed by the assessee was called for. Considering entire factual matrix of the case of the assessee, and the extent of expenditure claimed by the assessee, no trading addition in the GP rate is sustainable, and according, the same is deleted, and disallowance out of expenses is made at Rs.3,50,000/- (Three Lakhs Fifty Thousand Only), on account of self-made vouchers with regard to certain amount of expenses claimed by the assessee in trading results of the assessee Decided in favor of Assessee.

Issues Involved:
1. Rejection of books of accounts by the CIT(A) for the assessment year 2007-2008.
2. Estimation of gross profit rate and addition made by the Assessing Officer.
3. Disallowance of expenses supported by self-made vouchers.
4. Comparison of expenses and sales figures.
5. Decision on the Revenue's appeal regarding the estimation of GP rate.

1. Rejection of Books of Accounts:
The appeal involved the rejection of the assessee's books of accounts by the CIT(A) due to a shortfall in the gross profit (GP) rate during the relevant period. The assessee argued that the accounts were audited, and the AO could not point out any defects except for some expenses supported by self-made vouchers. The Tribunal found that the rejection based solely on self-made vouchers was not justified, and no other significant defects were identified in the accounts maintained by the assessee. The Tribunal held that the proper course for the AO would have been to make a suitable disallowance for expenses lacking proper vouchers, which was not done. Consequently, the Tribunal deleted the trading addition in the GP rate and made a disallowance of Rs.3,50,000 for expenses supported only by self-made vouchers.

2. Estimation of Gross Profit Rate:
The dispute also revolved around the estimation of the GP rate by the AO and CIT(A). The assessee's GP rate had decreased, leading to an addition by the AO, which was partly sustained by the CIT(A). The Tribunal noted a substantial increase in various expense heads and sales figures, attributing the lower GP to competitive pricing strategies. The Tribunal found no justification for the Revenue's rejection of the books of accounts, emphasizing that the accounts were regularly maintained and audited. It deemed the disallowance of expenses supported by self-made vouchers as necessary but concluded that no trading addition in the GP rate was sustainable, ultimately deleting the addition and allowing the assessee's appeal partly.

3. Disallowance of Expenses Supported by Self-Made Vouchers:
The Tribunal addressed the issue of expenses supported by self-made vouchers, which led to the rejection of the books of accounts by the Revenue. While acknowledging the presence of such vouchers, the Tribunal emphasized that the rejection solely on this basis was unwarranted. It directed a disallowance of Rs.3,50,000 for expenses supported only by self-made vouchers, highlighting the need for a suitable disallowance rather than a complete rejection of the accounts.

4. Comparison of Expenses and Sales Figures:
The Tribunal analyzed the significant increase in various expense heads and sales figures presented by the assessee. It noted the substantial rise in expenses like freight, electricity bills, and machinery maintenance, attributing the higher sales to competitive pricing strategies. The Tribunal considered the overall factual matrix and expenditure claimed by the assessee to conclude that no trading addition in the GP rate was justifiable, ultimately deleting the addition and allowing the assessee's appeal partly.

5. Revenue's Appeal on GP Rate Estimation:
The Revenue's appeal challenged the CIT(A)'s estimation of the GP rate at 17.5% instead of the 19.16% estimated by the AO. However, the Tribunal dismissed the Revenue's appeal, stating that the issue was interlinked with the assessee's appeal for the same assessment year. Considering its decision on the assessee's appeal, the Tribunal found no merit in the Revenue's grounds and accordingly dismissed the appeal.

By considering the arguments, evidence, and legal principles, the Tribunal made detailed assessments and decisions on each issue, ultimately partially allowing the assessee's appeal and dismissing the Revenue's appeal.

← Previous Next →