2013 (12) TMI 1055 - AT - Income Tax

Unexplained purchases in cash u/s 69 Held that - The partner of the assessee firm had made admission that this amount is out of books and pertains to this assessee - But he has already surrendered this income in his hand and has paid taxes thereon and the department has accepted the same - Legally one income cannot be taxed twice or in two hands - This can be treated as a bonafide mistake of the deponent as the group is one and having different entities and he is a common partner in them - The honest surrender must be given due credit to show tax-friendly attitude Decided in favour of assessee. Undisclosed cash purchases/ sales Held that - Even if the books are not treated as reliable and can be rejected - The separate addition on account of undisclosed purchases/sales is likely to enhance the declared g.p. rate - The declared gross-profit has to be accepted Decided in favour of assessee. Uaccounted sales Held that - many unaccounted cash sheets relating to this group were found from the possession of Shri N.K. Malani - The outcome of all cash transactions between the inter-group concerns was comprised in the cash sheet and the income as per that document having been already considered in the individual assessment of Shri N.K. Malani, who happens to be a partner in both the firms - There is no scope to make any further addition on account of either unaccounted purchases or unrecorded sales, as the entire transactions of the group stand covered under the surrender of cash balance made by the common partner Shri N.K. Malani Otherwise it would tantamount to a double addition which is not contemplated by the Act Decided in favour of assessee.

Summary

Issues Involved:
1. Trading Addition due to fall in Gross Profit (GP) rate.
2. Addition on account of unexplained purchases in cash.
3. Addition on account of undisclosed income from cash sales.
4. Set-off of trading addition against unaccounted investment in undisclosed purchases.

Issue-wise Detailed Analysis:

1. Trading Addition due to fall in Gross Profit (GP) rate:
The assessee declared a GP rate of 3.46% on a turnover of Rs. 123.81 lacs for A.Y. 2008-09, compared to a GP rate of 5.59% on a turnover of Rs. 123.37 lacs for A.Y. 2007-08. During search operations, incriminating evidence of purchases and sales outside the books was found. The AO invoked Section 145(3) and applied a GP rate of 5.59%, resulting in a trading addition of Rs. 4,29,031/-. The CIT(A) sustained this addition but allowed set-off against other additions to avoid double addition. The Tribunal found that the AO's estimation of sales based on undisclosed sales was unjustified and would result in conceptual addition. It was held that the declared sales should be accepted, and the trading addition of Rs. 4,29,031/- was deleted.

2. Addition on account of unexplained purchases in cash:
The AO found unaccounted purchases totaling Rs. 18,49,946/- from seized documents. Shri N.K. Malani admitted these purchases were out of books and offered this amount for taxation, which was accepted by the department. The Tribunal held that since the income was already taxed in the hands of Shri N.K. Malani, it could not be taxed again in the hands of the assessee. The addition of Rs. 18,49,946/- was deleted.

3. Addition on account of undisclosed income from cash sales:
Documents evidencing unaccounted sales totaling Rs. 11,43,975/- were found. The assessee argued that these sales were already included in the cash balance surrendered by Shri N.K. Malani. The CIT(A) noted that both unaccounted purchases and sales were found over a sufficient duration and should be considered together. The Tribunal agreed that since the entire income from unaccounted purchases and sales was surrendered for tax by Shri N.K. Malani, no separate addition should be made. The addition of Rs. 11,43,975/- was deleted.

4. Set-off of trading addition against unaccounted investment in undisclosed purchases:
The revenue argued that set-off of Rs. 4,29,031/- against the addition of Rs. 18,49,946/- was not justified. The Tribunal found that making separate additions for unaccounted purchases and sales, and then estimating sales based on these, would lead to double addition. It was held that the declared GP rate should be accepted, and the set-off was justified.

Conclusion:
The appeal of the assessee was allowed, and the appeal of the revenue was dismissed. The Tribunal ordered the deletion of the trading addition of Rs. 4,29,031/-, the unexplained purchases addition of Rs. 18,49,946/-, and the undisclosed income from cash sales addition of Rs. 11,43,975/-. The Tribunal emphasized that the same income could not be taxed twice and acknowledged the surrender made by Shri N.K. Malani. The order was pronounced in the open court on 11th March, 2013.