2014 (10) TMI 709 - HC - Income Tax

Rejection of books of accounts - Addition u/s 40A(3) Computation of income as per GP rate Held that - When the income of the assessee was computed by applying gross profit rate, there is no need to look into the provisions of Section 40A(3) of the Act, inasmuch as that, when the gross profit rate is applied, then it takes care of the expenditure otherwise by way of crossed cheques - once books of accounts are rejected, no further disallowance can be made relying upon Commissioner of Income-Tax. Versus Smt. Santosh Jain 2006 (8) TMI 167 - PUNJAB AND HARYANA High Court - the provisions of Section 40(3) of the Act could not be invoked in the estimation of gross profit thus, the discretion exercised by the Tribunal is based on relevant consideration and does not suffer from any legal infirmity as such no substantial question of law would arise for determination Decided against revenue.

Summary

Issues:
1. Challenge to the order of the Income Tax Appellate Tribunal under Section 260 A of the Income Tax Act, 1961.
2. Disallowance under Section 40A(3) of the Income Tax Act, 1961.
3. Addition of income based on estimated gross profit rate.
4. Disallowance of expenses/cash withdrawals for lack of supporting documentation.

Analysis:

1. Challenge to ITAT Order under Section 260 A:
The Revenue challenged the order of the Income Tax Appellate Tribunal (ITAT) under Section 260 A of the Income Tax Act, 1961. The substantial questions of law raised for determination included the ITAT's decision on disallowance under Section 40A(3) and the deletion of certain additions without proper correlation or justification.

2. Disallowance under Section 40A(3):
The Assessing Officer disallowed expenses/cash withdrawals made by the assessee for business purposes due to lack of supporting bills and vouchers, invoking Section 40A(3) of the Act. However, the Commissioner of Income Tax (Appeals) found that the Assessing Officer had erroneously presumed all cash withdrawals were utilized for cash payments, leading to an unjustifiable addition to the income. The ITAT, following precedent, held that when income is computed using the gross profit rate, Section 40A(3) need not be invoked, as it accounts for expenditures made otherwise than by crossed cheques.

3. Addition Based on Estimated Gross Profit Rate:
The Assessing Officer rejected the books of accounts maintained by the assessee and estimated income using a higher gross profit rate than declared. This resulted in an addition to the income of the assessee. However, the ITAT, in line with previous judgments, ruled that the gross profit rate calculation inherently considers expenses, negating the need for further disallowances under Section 40A(3).

4. Disallowance of Expenses/Cash Withdrawals:
Apart from the disallowance under Section 40A(3), the Assessing Officer also disallowed certain expenses/cash withdrawals due to lack of proper documentation. The Commissioner of Income Tax (Appeals) upheld these additions, emphasizing the need for proper substantiation of expenses. However, the ITAT dismissed the appeal and permitted the assessee to withdraw cross-objections, citing precedents where the gross profit rate calculation covered such expenditures adequately.

In conclusion, the High Court dismissed the appeal, affirming the ITAT's decision that the gross profit rate computation obviated the need for invoking Section 40A(3) and that the discretionary judgment exercised by the Tribunal was legally sound, with no substantial question of law warranting further consideration.