2013 (12) TMI 412 - AT - Income Tax

Estimation of profit @ 5% of turnover - Held that - The Assessee has disclosed 3.59% in AY 2008-09 - Most of the expenses on hire charges were through self- made vouchers. These vouchers cannot be verified in anyway - Decided against assessee. Whether commission of Rs. 4,59,145/- and additional income of Rs. 30,00,000/- to be taxed under the head income from business or profession Held that - The additional income and commission income relates to the assessee s business of Lorry freight These should be assessed as income from business and profession - Decided against assessee.

Summary

Issues:
Assessment of income based on turnover variation, rejection of books of account, estimation of net profit at 5%, treatment of additional income and commission in assessment.

Assessment of Income Based on Turnover Variation:
The appellant filed a return of income for the assessment year 2009-10, admitting additional income during survey operations. The assessing officer (AO) compared turnover from various sources and estimated net profit at 5% of the higher turnover, resulting in total income assessment at Rs. 1,07,91,580/-. The CIT(A) upheld this assessment, leading to the appeal before the ITAT. The appellant contested the rejection of books of account and the 5% profit estimation.

Rejection of Books of Account and Estimation of Net Profit at 5%:
The CIT(A) confirmed the AO's decision to reject the books of account and the 5% profit estimation. The appellant argued that the profit ratio in previous years was higher due to disclosed additional income, making the current estimation unjustified. The ITAT found the estimation reasonable, considering the lack of verifiable expenses and factual differences from a previous case, leading to the dismissal of the appellant's grounds.

Treatment of Additional Income and Commission:
The appellant raised concerns about the treatment of additional income and commission in the assessment. The CIT(A) clarified that the net profit estimation was specific to the lorry freight business, and thus, the additional income and commission were to be included in the assessment. The ITAT upheld the CIT(A)'s decision, dismissing the appellant's appeal on these grounds.

In conclusion, the ITAT dismissed the appellant's appeal, affirming the CIT(A)'s decision on rejecting books of account, estimating net profit at 5%, and including additional income and commission in the assessment. The judgment provides a detailed analysis of the issues related to income assessment, turnover variation, and proper treatment of additional income and commission in the context of the appellant's case.