2014 (1) TMI 1323 - AT - Income Tax

Addition made on turnover Held that - The NP rate of 7% was applied by the CIT(A) on the basis of the previous history explained by the assessee and the same was found quite reasonable On the basis of these findings of fact and no adverse material found against the assessee, would clearly show that no evidence was found during the course of survey that the turnover of the assessee has increased substantially as against the turnover declared in the earlier years - thus, the authorities below instead of considering the history of the assessee for the purpose of estimating the turnover of the assessee should not have applied the stock turnover ratio method for the purpose of computing turnover of the assessee - Method applied was not proper in the facts and circumstances of the case and in absence of any adverse material on record against the assessee, the proper and reasonable course should have been to estimate the turnover of the assessee considering the history of the assessee which was found reasonable basis for applying NP rate of 7% - in none of the earlier years turnover of the assessee have exceeded Rs.8.25 lacs - considering the past history of the assessee, the turnover of the assessee is estimated at Rs.15 lacs upon which 7% profit rate the profit would be estimated at Rs.1,05,000/- - The assessee has already declared income of Rs.72,000/- on estimate basis and after giving benefit of the same, resultant addition would be maintained at Rs.33,000 the order of the CIT(A) modified Decided partly in favour of Assessee.

Summary

Issues involved:
- Addition confirmed on turnover and stock estimation
- Application of stock turnover ratio and NP rate
- Consideration of past history for estimation

Addition confirmed on turnover and stock estimation:
The appeal was against the addition of Rs.73,846 on turnover worked out at Rs.20,83,515 on stock estimated at Rs.4,85,046. The assessee, a partnership firm in the marble goods business, underwent a survey operation under section 133A of the IT Act. The AO applied stock turnover ratio method to estimate turnover, considering the stock found during the survey. The assessee challenged the addition, arguing that the estimation was excessive and without basis. The CIT(A) modified the stock valuation to Rs.4,85,046 and considered the turnover estimation method applied by the AO as unjustified. The CIT(A) adopted a stock turnover ratio of 12.17% and a net profit rate of 7%, reducing the addition to Rs.73,846 from Rs.6,08,902 made by the AO.

Application of stock turnover ratio and NP rate:
The AO's method of estimating turnover based on stock turnover ratio was contested by the assessee, who argued for a lower ratio based on past history. The CIT(A) accepted the assessee's contention, considering the average ratio of the last two years at 12.17%. The NP rate applied by the AO at 9% was deemed excessive, and the CIT(A) lowered it to 7% based on the assessee's past NP rate of 6.37%. The CIT(A) emphasized the need for a reasonable estimation in the absence of regular books of account, leading to a reduction in the addition amount.

Consideration of past history for estimation:
The assessee stressed the importance of considering past history for turnover calculation, pointing out that no incriminating documents were found during the survey to suggest a substantial increase in turnover. The CIT(A) acknowledged the relevance of past history and directed the application of a 7% NP rate based on the previous year's rate. The Tribunal, after reviewing the facts and absence of adverse material against the assessee, concluded that the turnover estimation should align with the historical data. The Tribunal estimated the turnover at Rs.15 lakhs, resulting in a reduced addition of Rs.33,000 compared to the CIT(A)'s decision, granting relief of Rs.40,846 to the assessee.

In conclusion, the Tribunal partly allowed the assessee's appeal, emphasizing the importance of fair and reasonable income estimation, considering past history and circumstances of the assessee. The judgment highlighted the necessity of justifiable turnover and NP rate calculations in the absence of regular books of account, resulting in a reduced addition and relief granted to the assessee.