2014 (4) TMI 744 - AT - Income Tax

Determination of profits in the business of wines Rejection of books of accounts Held that - There was no reason to interfere with the order of the CIT(A), following Income-tax Officer, Ward 1, Warangal Versus Shri P. Ramaiah, Warangal and others 2013 (12) TMI 1001 - ITAT HYDERABAD - consistent directions has been made to adopt the rate of 5% of the purchase value or stock put to use whichever is more thus, the order of the CIT(A) upheld Decided against Revenue.

Summary

Issues:
1. Rejection of books of accounts
2. Estimation of profits

Analysis:

Issue 1: Rejection of books of accounts
The case involved the rejection of the books of accounts of the assessee by the Assessing Officer (A.O.) during scrutiny proceedings due to the lack of supporting sale bills/receipts. The A.O. estimated profits at 27% based on the stock put to sale, resulting in an increased total income determination. The CIT(A) upheld the rejection of books, leading to an appeal by the Revenue before the Tribunal.

Issue 2: Estimation of profits
Regarding the estimation of profits, the CIT(A) directed the A.O. to estimate net profit at 5% on purchases or stock put for sale, following a precedent set by the ITAT in a similar case. The CIT(A) emphasized the need for reasonable and comparable estimation in the absence of reliable books of accounts. The Revenue challenged this decision on various grounds, arguing against the 5% estimation and citing differences in business operations compared to the referenced case.

The Tribunal, after considering arguments from both sides, found no reason to interfere with the CIT(A)'s order. The Tribunal noted that consistent decisions by coordinate benches supported the 5% estimation method for liquor businesses without reliable books of accounts. Citing precedents, the Tribunal upheld the CIT(A)'s decision, dismissing the Revenue's appeal and affirming the 5% estimation approach for determining profits in such cases.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s order regarding the rejection of books of accounts and the estimation of profits at 5% based on purchases or stock put for sale. The decision aligned with established precedents in similar matters, emphasizing the need for reasonable estimations in the absence of reliable accounting records.