2014 (1) TMI 342 - AT - Income Tax

Unexplained investment - Held that - The Department cannot challenge deletion of additions arising out of estimation of income at 28%, unless challenging the decision of the CIT(A) on rejection of books of account - If the Department wants to challenge the deletion of additions arising out of estimation of income, first, it has to challenge the decision of the CIT(A) on rejection of books of account by Assessing Officer, that the rejection of books of account is not at all warranted - Decided against Revenue.

Summary

Issues:
Appeals against CIT(A) orders for assessment years 2004-05 to 2007-08; rejection of books of account; estimation of net profit at 28% challenged by revenue; CIT(A) observations on rejection of books and estimation of income; dismissal of revenue appeals; dismissal of cross objections; appeal against CIT(Central) order under section 263 for AYs 2004-05 & 2006-07; dismissal of appeals as infructuous; appeal against consequential order under section 263 for AY 2004-05; dismissal of appeal as infructuous.

Detailed Analysis:

1. Common Order for Appeals and Cross Objections:
The appeals and cross objections pertain to one assessee against the orders of CIT(A) for assessment years 2004-05 to 2007-08. The identical issues in these appeals and cross objections were clubbed and heard together, leading to a common order for convenience.

2. Background and Search Action:
The assessee firm, engaged in construction and sale of flats, faced a search and seizure action under section 132 in the case of another individual. During this action, certain documents were seized, revealing discrepancies in investment declarations by the firm.

3. Assessing Officer's Actions:
The Assessing Officer, while examining the profitability of the firm, raised concerns about the reliability of vouchers and accounting methods. He estimated net profits at 28% of sales proceeds, leading to significant additions in each assessment year.

4. CIT(A) Findings and Revenue Appeal:
The CIT(A) disagreed with the Assessing Officer's approach, highlighting flaws in rejecting books of account and the arbitrary nature of profit estimation. The revenue appealed against the deletion of additions based on the 28% profit estimation.

5. ITAT Judgment and Dismissal of Revenue Appeals:
The ITAT considered the arguments of both parties and reviewed the lower authorities' orders. It noted that the revenue could not challenge the deletion of additions without contesting the rejection of books of account. As the rejection of books was deemed unwarranted by the CIT(A), the ITAT dismissed the revenue's appeals for all assessment years.

6. Dismissal of Cross Objections and Additional Grounds:
Given the dismissal of revenue appeals, the cross objections raised by the assessee were deemed infructuous and dismissed. Additional grounds related to the scope of assessment years and legal precedents were also addressed and dismissed.

7. Appeals Against CIT(Central) Order under Section 263:
Separate appeals by the assessee against a CIT(Central) order under section 263 for AYs 2004-05 & 2006-07 were considered. These appeals were found infructuous due to the confirmation of the CIT(A) order, leading to their dismissal.

8. Appeal Against Consequential Order under Section 263:
An appeal by the assessee against a consequential order under section 263 for AY 2004-05 was dismissed as infructuous since there was no basis for such an order in light of previous decisions.

9. Final Dismissal of All Appeals:
In conclusion, all appeals by the revenue and the assessee, along with cross objections, were dismissed by the ITAT in a comprehensive judgment pronounced on 18/12/2013, bringing closure to the legal proceedings in this case.