2014 (7) TMI 203 - AT - Income Tax

GP @ 25% on unaccounted sales Matter pending before Excise Tribunal Held that - The issue of addition made in the income tax case is based on addition made in excise case of the assessee, which is pending in appeal before the Excise and Custom Tribunal thus, the matter is remitted back to the CIT(A) for fresh adjudication Decided in favour of Assessee.

Summary

Issues:
Appeal against CIT(A)'s order for assessment year 2009-2010 - Addition of Rs. 1,37,56,700 based on unaccounted sales determined by Excise Authority - Challenge before Excise Tribunal pending - Request for restoration to AO for fresh consideration.

Analysis:
The appeal before the Appellate Tribunal ITAT Ahmedabad involved challenging the addition of Rs. 1,37,56,700 made by the Assessing Officer (AO) based on alleged unaccounted sales determined by the Excise Authority for the assessment year 2009-2010. The main contention of the assessee was that the addition was unjustified as the unaccounted sales determined by the Excise Authority were being challenged before the Excise Tribunal and had not yet attained finality. The assessee argued that the addition should be quashed since there was no concrete evidence of suppressed sales on record. Additionally, the assessee proposed an alternative approach, suggesting that the addition should be computed based on the average Net Profit ratio of 5.29% for the last six years instead of the 25% Gross Profit of the alleged unaccounted sales. The assessee contended that the CIT(A) erred in law and on facts by confirming the addition without considering these aspects.

Upon hearing the submissions from both parties, the Appellate Tribunal noted that the addition made in the income tax case was directly linked to the addition made in the excise case of the assessee, which was currently pending appeal before the Excise and Custom Tribunal. Considering this interconnection and the pending appeal, the Tribunal deemed it appropriate to restore the issue back to the file of the CIT(A) for fresh consideration. The Tribunal directed the CIT(A) to reevaluate the matter in light of the decision to be pronounced by the Excise and Custom Tribunal, granting both parties a reasonable opportunity to present their case. Consequently, the Tribunal allowed the appeal of the assessee for statistical purposes, signifying that the decision was made solely for record-keeping and not on the merits of the case.

In conclusion, the Appellate Tribunal's judgment highlighted the importance of aligning the decisions across different tribunals and ensuring that the assessment process is fair and based on concrete evidence. By ordering a fresh consideration of the issue in light of the pending appeal before the Excise and Custom Tribunal, the Tribunal aimed to uphold procedural fairness and provide a comprehensive resolution to the matter at hand.