2014 (4) TMI 967 - AT - Income Tax

Restriction of Gross profit addition Rejection of books of accounts - Held that - CIT(A) was right in holding that the rejections of books of accounts is not justified - the AO has not pointed out any particular defect in the book account of the assessee - The sole basis for application of provisions of Sec. 145(3), is the purchases and sales to sister concern is not at arm s length - Instead of examining these transaction u/s 40A(2) of the Act the AO rejected the books of account and estimated the gross profits which is not correct - the profit has to be arrived at based on the books of accounts - the deletion of the CIT(A) of profits estimated based on applying G.P. rate of 6% by AO and consequent addition is upheld - the assessee has not come up in appeal against the addition of Rs 10,00,02,125 - the CIT (A) has not confronted the AO with the details of transactions furnished by the assessee with the sister concern thus, the matter is remitted back to the AO for fresh verification Decided in favour of Revenue. Disallowance on account of interest paid Held that - The assessee has sufficient interest free funds - When there are both interest free funds and borrowed funds, it has been held CIT vs. Reliance Utilities and Power Ltd. 2009 (1) TMI 4 - HIGH COURT BOMBAY - when interest free funds are available, then the presumption would be that such interest free funds were invested or advanced as interest free loans/advances - If the presumption is applied to the facts of this case then no disallowance can be made - the borrowing were a cash credit against stock - the presumption would be that the funds borrowed from the bank was utilized for the purposes for which it is sanctioned by the bank thus, the disallowance is set aside Decided in favour of assessee.

Summary

Issues:
1. Disallowance of interest and trading addition in the assessment.
2. Rejection of books of accounts by the Assessing Officer.
3. Disallowance made on account of interest paid.
4. Restriction of gross profit additions.
5. Verification of transactions with sister concern.
6. Application of Sec. 40A(2)(b) and Sec. 145(3).

1. Disallowance of Interest and Trading Addition:
The appeal was filed by the Revenue against the Ld.CIT(A) order regarding the Assessment Year 2007-08. The Ld.CIT(A) confirmed the addition of interest disallowance and trading addition made by the Assessing Officer. The disallowance was upheld due to the failure to establish the nexus between own funds and loans, as well as the absence of documentary evidence for commercial expediency. However, the Tribunal held that the rejection of books of accounts by the AO was not justified, and the disallowance on interest paid was deleted.

2. Rejection of Books of Accounts:
The Ld.CITA upheld the contention of the assessee that the rejection of books of accounts was unjustified. The Tribunal agreed that the AO did not point out any specific defects in the accounts and that estimating profits based on gross profit rate without proper verification was incorrect. Therefore, the Tribunal upheld the Ld.CIT(A)'s findings on this issue.

3. Disallowance Made on Account of Interest Paid:
The assessee filed a cross objection on the disallowance of interest paid. The Tribunal observed that the assessee had sufficient interest-free funds, and as per legal precedent, when interest-free funds are available, it is presumed that they were invested or advanced as interest-free loans. Therefore, the disallowance was deleted, and the cross objection was allowed.

4. Restriction of Gross Profit Additions:
The Revenue appealed against the restriction of gross profit additions made by the Ld.CIT(A). The Tribunal noted the contentions of both parties regarding the application of Sec. 40A(2)(b) and the quantification of disallowance. After considering the arguments, the Tribunal upheld the deletion of profits estimated based on the gross profit rate and limited the addition to a specific amount.

5. Verification of Transactions with Sister Concern:
The Ld.DR argued that the transactions with the sister concern were not properly verified, and the case should be remanded to the AO for verification. The assessee contended that Sec. 40A(2)(b) did not apply, and thus, the verification issue did not arise. The Tribunal granted the prayer of the Ld.DR and set aside the issue for fresh verification by the AO.

6. Application of Sec. 40A(2)(b) and Sec. 145(3):
The Tribunal clarified that the rejection of books of accounts and estimation of profits based on gross profit rate without proper verification were not justified. It was emphasized that profits should be determined based on the books of accounts. The Tribunal set aside the issue for fresh verification by the AO, considering the details of transactions with the sister concern.

In conclusion, the Tribunal addressed various issues related to disallowances, rejection of books of accounts, interest payments, gross profit additions, and verification of transactions with a sister concern. The Tribunal upheld certain decisions, deleted disallowances, and set aside issues for fresh verification, ensuring a fair and comprehensive resolution in the appeal.