2014 (5) TMI 269 - AT - Income Tax

Books of accounts not maintained in the business premises Addition made on the basis of estimation Assessee contended that the accounts are maintained at head office - Held that - No specific defect has been pointed out by the AO in respect of the books of accounts - CIT(A) has confirmed the addition on the basis that cash found in the possession of the employees of the assessee-firm as on 24/10/2008, clearly shows that the daily turnover was at Rs.17,51,000/- and has taken as commission income @ Rs.175/- per lacs - the finding of the CIT(A) is purely based on conjectures and surmises - The Revenue has not placed any material on record that the assessee was having at least daily turnover of Rs.17,51,000 - Merely finding on a single day cannot be made applicable for the entire month or throughout the year - There is always possibility of lesser and higher amount - Since no specific defect is pointed out in the books of accounts of the assessee, thus, the AO is directed to set aside the addition made on the basis of estimation Decided in favour of Assessee.

Summary

Issues:
1. Validity of order u/s.143(3) of IT Act
2. Addition of Rs.17,50,000
3. Estimation of income of Indore Branch
4. Right to add, alter, amend, or delete any ground of appeal

Analysis:

Issue 1: Validity of order u/s.143(3) of IT Act
The appeal challenged the order of the Ld. Commissioner of Income Tax(Appeals)-III, Ahmedabad, regarding Assessment Year 2009-10. The Assessee contended that the order passed under section 143(3) of the IT Act was legally flawed and unwarranted.

Issue 2: Addition of Rs.17,50,000
The case involved the seizure of Rs.17.50 Lacs from an individual claimed to be working for a courier business. The Assessing Officer (AO) added this amount to the total income of the Assessee, suspecting it to be unexplained. The AO also estimated the commission income of the Assessee based on daily transactions, leading to a further addition. The Assessee challenged these additions, arguing that the cash was being transferred from the branch office to the head office, supported by proper documentation and audited accounts. The Tribunal found the AO's actions based on conjectures and surmises, directing the deletion of the additions.

Issue 3: Estimation of income of Indore Branch
The AO estimated the income of the Indore branch, leading to a dispute regarding the validity of the estimation. The Assessee contended that the AO's conclusions were arbitrary and lacked evidentiary support. The Tribunal agreed, emphasizing that the estimation was not based on concrete evidence and directed the AO to delete the addition made on estimation grounds.

Issue 4: Right to add, alter, amend, or delete any ground of appeal
The Assessee reserved the right to modify the grounds of appeal during the hearing, which is a standard practice in legal proceedings.

In conclusion, the Tribunal allowed the Assessee's appeal, directing the deletion of the additions made by the AO based on estimation and conjectures. The judgment highlighted the importance of concrete evidence and proper assessment procedures in determining taxable income, emphasizing that arbitrary estimations without a factual basis are not permissible under the law.