2013 (12) TMI 410 - AT - Income Tax

Estimation of income u/s 144 The assessee has shown sales of agricultural produce of Rs. 35,73,30,388/- on which total income return was Rs. 2,93,898 The assessee s books of accounts were destroyed in fire accident - Held that - The assessee company failed to substantiate the profit shown by it by producing books of account, vouchers and other details called for - The correctness of purchases and other expenses claimed could not be verified - The assessment order passed by the AO is an ex-parte order u/s 144 Another opportunity to support the claim of the assesse should be given The issue set aside for fresh adjudication.

Issues:
1. Assessment under section 144 of the Income Tax Act for the assessment year 2007-08.
2. Rejection of book results and estimation of net profit at 3% by the Assessing Officer (AO).
3. Disallowance of expenditure under section 40(a)(ia) for non-deduction of TDS.
4. Appeal before the Commissioner of Income Tax (Appeals) challenging the AO's decision.
5. CIT(A)'s decision to confirm the estimate of income at 3% and rejection of the assessee's claims.
6. Grounds of appeal raised by the assessee before the Appellate Tribunal.
7. Submission of past records and financial details by the assessee before the Tribunal.
8. Decision of the Tribunal to restore the issue to the file of the AO for further consideration.

Analysis:
1. The case involved an assessment under section 144 of the Income Tax Act for the assessment year 2007-08. The assessee had declared income of Rs. 2,93,898, but the AO, due to lack of details and non-attendance during scrutiny, estimated the net profit at 3% of the sales amounting to Rs. 1,07,19,911. Additionally, the AO disallowed an expenditure of Rs. 4,44,315 under section 40(a)(ia) for non-deduction of TDS on commission and brokerage paid.

2. The assessee appealed to the CIT(A), claiming that a fire accident had destroyed their books of account, leading to the inability to produce necessary documents. The CIT(A) observed that the claim of book destruction was raised only during the appellate proceedings, not during the assessment stage. The CIT(A) upheld the AO's estimation of income at 3% due to lack of evidence to prove otherwise.

3. The assessee then approached the Appellate Tribunal, challenging the CIT(A)'s decision. The grounds of appeal included contentions that the income estimate should be fair and reasonable based on past records, and the destruction of books due to a fire accident prevented compliance with notices from the department.

4. Before the Tribunal, the assessee presented financial data from assessment years 2005-06 to 2008-09 to support their case. The Tribunal suggested sending the issue back to the AO for reevaluation, considering the average profit percentages from previous years. The Tribunal decided to allow the appeal for statistical purposes, granting the assessee another opportunity to support their claim with evidence.

In conclusion, the Tribunal's decision to send the issue back to the AO for reevaluation based on past profit percentages showcases a fair approach to address the concerns raised by the assessee. The detailed analysis of financial records and the consideration of circumstances like the fire accident demonstrate a balanced approach to resolving the dispute.

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