2015 (8) TMI 1028 - AT - Income Tax

Rate of gross profit(GP)in respect of textile business and iron & steel business - AO Rejected the books of account and adopted the G.P. rate @20% in respect of textile business and 10% in respect of Iron and Steel business - FAA reduced the GP to 15.20 % in case of textile business and @ 3% for iron and steel business - Held that - Identical issue has been adjudicated by the Tribunal,while deciding the appeal for the AY.2007-08 2013 (4) TMI 724 - ITAT MUMBAI . Respectfully,following the order of previous year we direct the AO to compute the income of the assessee by adopting GP rate of 15% and 5% respectively for the textile business and for the iron and steel business. - Decided partly in favour of assessee. Addition made u/s.41(1) - Held that - Addition was made by the AO u/s.41(1)of the Act,that the AO had held that the creditors were not available on given addresses,that the FAA had called for a remand report from the AO with regard to the claim made by the assessee about payment made to the creditors in subsequent years,that in the remand report the AO had not mentioned anything about on the spot inquiry by the inspector,that there was change in office of the FAA,that the new FAA passed the order where he mentioned about the inquiry conducted by the inspector,that the ledger accounts of the parties show that the assessee had paid the money to the creditors in subsequent years.Once the payment to the creditors is proved by necessary documentary evidences there is no justification for sustaining the order of the FAA.Therefore,reversing his order,we decide grounds in favour of the assessee. Ad-hoc disallowance of expenditure - Held that - AO had made a disallowance of 20%of the expenses incurred under five heads.Out of the five heads four are related with motor car and telephone.We agree that element of personal use of car and telephone cannot be ruled out. However,to meet the end of justice disallowance is restricted to 10% for the four items i.e. except the welfare expenses. - Decided partly in favour of assessee.

Issues Involved:
1. Gross Profit (GP) rate estimation for textile and iron & steel businesses.
2. Rejection of books of account.
3. Addition under Section 41(1) of the Income Tax Act.
4. Ad-hoc disallowance of certain expenses.
5. Levy of penal interest under Sections 234A, 234B, and 234C.

Detailed Analysis:

1. Gross Profit (GP) Rate Estimation for Textile and Iron & Steel Businesses:
The AO had estimated the GP rate at 10% for iron & steel and 20% for textile business based on previous assessments. The FAA reduced these rates to 3% for iron & steel and 15.20% for textile business. The Tribunal, referencing a prior decision for AY 2007-08, directed the AO to adopt GP rates of 5% for iron & steel and 15% for textile business. This adjustment was based on the Tribunal's observation that the assessee had been involved in routing unaccounted money through illegal channels and the discrepancies in the confirmations provided by the assessee.

2. Rejection of Books of Account:
The AO rejected the books of account due to unverified transactions and discrepancies found during the assessment. The Tribunal upheld this rejection, noting that the assessee failed to produce reliable confirmations and was found to be involved in routing unaccounted money. The Tribunal emphasized that the books of account for both businesses were maintained together, making it impossible to separate the reliability of records for each business.

3. Addition under Section 41(1) of the Income Tax Act:
The AO added Rs. 2.17 Crores under Section 41(1) due to untraceable creditors. The FAA supported this addition, citing that the creditors were non-genuine and not traceable. However, the Tribunal reversed this decision, accepting the assessee's evidence of payments made to creditors in subsequent years through banking channels. The Tribunal found no justification for the addition once the payments were proven.

4. Ad-hoc Disallowance of Certain Expenses:
The AO disallowed 20% of expenses related to motor car, telephone, and other heads due to lack of proper vouchers and potential personal use. The FAA upheld this disallowance. The Tribunal, however, reduced the disallowance to 10% for motor car and telephone expenses, agreeing that personal use could not be ruled out but finding the original disallowance excessive. The disallowance for staff welfare expenses was removed.

5. Levy of Penal Interest under Sections 234A, 234B, and 234C:
The assessee contested the liability for penal interest under Sections 234A, 234B, and 234C. The Tribunal's decision on this issue was not explicitly detailed in the provided text, implying that it was either not a focal point of the judgment or was resolved in line with the main findings on GP rate estimation and other disallowances.

Conclusion:
The Tribunal's judgment resulted in partial relief for both the AO and the assessee. The GP rates were adjusted to 5% for iron & steel and 15% for textile business. The addition under Section 41(1) was reversed, and the ad-hoc disallowance of expenses was reduced to 10% for certain heads. The judgment emphasized the importance of reliable documentation and the necessity of addressing discrepancies in financial records.

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