2015 (9) TMI 1180 - AT - Income Tax

Addition on account of suppressed sale - CIT(A) deleted the addition holding that books of accounts maintained in computerized environment were accurate and reliable - Held that - We find that the Assessing Officer had proceeded to estimate this suppressed sales on the ground that the gross profit was negative during the months of October, 2004 to October, 2005 and the Assessing Officer adopted gross profit rate of 6.73%. This approach of the Assessing Officer is totally erroneous and cannot be accepted for the reason that the daily sales statement prepared by the assessee cannot be rejected. In this nature of business, the daily sales statement prepared at each shop is of paramount importance and cannot be simply brushed aside without assigning any reasons. Furthermore, in this kind of business the purchases are fully verifiable and Excise Department of the State Govt. has full control over the quantity of purchase and sales simply because the gross profit returned in certain months is lower than the average profit declared by the assessee, cannot be sole ground to estimate the suppressed sales. The Assessing Officer had also not brought on record any comparable instance to prove that the profit declared by the assessee were wrong. It is trite law that no addition can be made on mere surmises and conjectures. Thus, we do not find any infirmity with the reasoning adopted by the learned CIT(A), nor any evidence was brought on record in rebuttal of the conclusion drawn by the CIT(A). In these circumstances, we hold that the order of CIT(A) is well reasoned and therefore the same is hereby sustained. Accordingly, grounds of appeal filed by the Revenue are dismissed. - Decided in favour of assessee.

Issues Involved:
1. Deletion of addition on account of suppressed sales.
2. Acceptance of computerized books of accounts without primary documents.
3. Rejection of books of accounts by the Assessing Officer.
4. Shifting the onus of proof from the assessee to the Assessing Officer.
5. Adherence to principles of natural justice by the CIT(A).
6. Examination of assessment records by the CIT(A).

Issue-wise Detailed Analysis:

1. Deletion of Addition on Account of Suppressed Sales:
The CIT(A) deleted the addition of Rs. 1,27,37,924/- made by the Assessing Officer (AO) for alleged suppressed sales. The AO had rejected the books of accounts due to non-production of the Excise/Manual Register, variation in gross profit rates, wrong valuation of closing stock, and unrecorded breakage. The CIT(A) found that the appellant maintained daily sales statements manually, which were then recorded in computerized books. The AO's estimation of suppressed sales based on a gross profit rate of 6.73% was deemed erroneous as it did not consider the actual daily sales statements. The CIT(A) concluded that the AO's addition was based on surmises and presumptions without concrete evidence of sales outside the books.

2. Acceptance of Computerized Books of Accounts Without Primary Documents:
The CIT(A) accepted the computerized books of accounts maintained by the appellant despite the AO's contention that they were not supported by primary documents like sale bills and vouchers. The CIT(A) noted that the appellant's staff maintained daily sales statements, which were periodically sent to the Chief Accountant for recording in the computerized system. The AO failed to point out any mistakes in these records, and the Excise Department's control over the purchases and sales further validated the accuracy of the books.

3. Rejection of Books of Accounts by the Assessing Officer:
The AO rejected the books of accounts citing reasons such as negative gross profit rates, non-production of the Excise register, non-maintenance of cash sale vouchers, and unrecorded breakage. The CIT(A) found these reasons insufficient to reject the books, especially since the appellant provided detailed explanations and supporting documents. The CIT(A) emphasized that the AO did not bring any evidence to prove that the appellant made sales outside the books or at higher rates than declared.

4. Shifting the Onus of Proof from the Assessee to the Assessing Officer:
The CIT(A) held that the AO wrongly shifted the onus of proof onto the appellant. The AO's estimation of suppressed sales was based on assumptions rather than concrete evidence. The CIT(A) reiterated that the onus was on the AO to prove that sales were made outside the books, which the AO failed to do.

5. Adherence to Principles of Natural Justice by the CIT(A):
The Revenue argued that the CIT(A) violated principles of natural justice by not considering the AO's submissions and not examining the assessment records. However, the CIT(A) provided a detailed analysis of the appellant's submissions and the AO's assessment order. The CIT(A) found that the AO's conclusions were based on presumptions without legitimate material evidence.

6. Examination of Assessment Records by the CIT(A):
The CIT(A) was criticized for not examining the assessment records. However, the CIT(A) reviewed the relevant documents and explanations provided by the appellant, including the stock registers and daily sales statements. The CIT(A) found no discrepancies in these records, supporting the appellant's declared sales and gross profit rates.

Conclusion:
The Tribunal upheld the CIT(A)'s order, finding no infirmity in the reasoning and concluding that the AO's addition for suppressed sales was based on surmises and conjectures. The appeals filed by the Revenue were dismissed, and the decision was pronounced in open court on 2nd September 2015.

← Previous Next →