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2014 (4) TMI 619 - AT - Income TaxAdoption of Net profit against GP Unaccounted sales Expenses incurred over and above MRP disclosed Held that - The Assessee had suppressed sales and also suppressed the expenses and in view of these facts, the books of accounts of the Assessee cannot be relied and was therefore rightly rejected u/s 145(3) of the Act by the AO - Once the books of accounts of the Assessee are rejected, a fair estimate of the profits needs to be made - AO while estimating the profits of Assessee has noted even DGCEI has noted that not only MRP was reduced for the purpose of excise duty but also complete expenses/costs with respect to purchase of raw materials and other expenses were shown at a lesser amount which therefore showed that the entire expenses were also not recorded in the books of account - The finding of AO could not be controverted by Assessee by bringing any tangible material on record. The CIT(A) has adopted Net Profit rate of 15.15% for A.Y. 06-07 as compared to 19.51% for A.Y. 05-06 - When the books are rejected, there is no justification for adopting the Net Profit of 15.15% for A.Y. 06-07 which is lower than the rate of 19.51% for A.Y. 05-06 which has been considered for estimation of income - the estimate of G.P. made by A.O. @ 40% was on a higher side but at the same time the action of CIT(A) in considering the Net Profit rate was also not fully justified and the fact that the present appeal is of Revenue and Assessee is not in appeal - the profits for both the years to be on the basis of 20% of Gross profits as against 40% made by AO Decided partly in favour of Revenue.
Issues Involved:
1. Rejection of books of accounts under section 145 of the Income Tax Act. 2. Estimation of unaccounted income based on suppressed sales. 3. Application of Gross Profit (G.P.) rate versus Net Profit (N.P.) rate for estimating unaccounted income. 4. Appropriateness of the CIT(A)'s decision to adopt N.P. rate instead of G.P. rate. Issue-wise Detailed Analysis: 1. Rejection of Books of Accounts: The Assessee, a ceramic tiles manufacturer, was found to be undervaluing invoices and collecting differential amounts in cash, which was not recorded in the regular books of accounts. The Assessing Officer (A.O.) rejected the books of accounts under section 145 of the Income Tax Act, citing unreliability due to suppression of the Maximum Retail Price (MRP) and corresponding expenses. This rejection was based on investigations by the Directorate General of Central Excise Intelligence (DGCEI), which revealed that the Assessee was declaring only 70% of the actual MRP and collecting the rest in cash. 2. Estimation of Unaccounted Income: The A.O. determined that the Assessee had unaccounted cash receipts amounting to Rs. 1,87,48,320/- for A.Y. 2005-06 and Rs. 2,03,87,520/- for A.Y. 2006-07. These figures were based on the suppressed MRP and the number of boxes sold. The A.O. applied a G.P. rate of 40% on these unaccounted cash receipts, resulting in an addition of Rs. 74,99,328/- as unaccounted income for A.Y. 2005-06. 3. Application of G.P. Rate versus N.P. Rate: The CIT(A) partially accepted the A.O.'s findings but disagreed on the application of the G.P. rate. Instead, the CIT(A) directed that the addition be computed using the N.P. rate, which was 19.51% for A.Y. 2005-06 and 15.15% for A.Y. 2006-07. This adjustment was based on the argument that the Assessee's net profit did not reflect the true profitability due to unaccounted expenses. The CIT(A) referenced the case of President Industries and other similar cases to justify the use of the N.P. rate. 4. Appropriateness of CIT(A)'s Decision: The Revenue appealed against the CIT(A)'s decision, arguing that the expenditure related to unaccounted sales was already accounted for in the regular books and that the Assessee failed to provide evidence for the claimed expenses. The Tribunal noted that the facts in the case of President Industries were different and not entirely applicable. The Tribunal found that the CIT(A)'s adoption of the N.P. rate was not fully justified, especially given the lower rate for A.Y. 2006-07 compared to A.Y. 2005-06. The Tribunal concluded that the G.P. rate of 40% applied by the A.O. was excessive but agreed that the N.P. rate used by the CIT(A) was too low. Therefore, the Tribunal decided to estimate the profits at a G.P. rate of 20% for both years, balancing the interests of justice. Conclusion: The Tribunal partly allowed the Revenue's appeals, directing that the profits for both assessment years be estimated at a G.P. rate of 20%, rather than the 40% applied by the A.O. or the N.P. rate used by the CIT(A). This decision aimed to provide a fair estimation of the Assessee's unaccounted income while acknowledging the discrepancies in the recorded expenses and sales. The order was pronounced in open court on January 10, 2014.
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