2012 (4) TMI 742 - AT - Income Tax

Summary

Issues Involved:
1. Deletion of addition of estimated Gross Profit (G.P.)
2. Deletion of addition of unrecorded sales

Summary:

Issue 1: Deletion of Addition of Estimated Gross Profit (G.P.)

The Revenue challenged the CIT(A)'s order deleting the addition of estimated G.P. made by the A.O. amounting to Rs. 5,96,409/-. The A.O. noted discrepancies in electricity consumption and yield percentage compared to the previous year, leading to the rejection of the book results and estimation of G.P. at 14.52%. The assessee argued that the lower yield and higher power consumption were due to the use of inferior quality raw material. The CIT(A) accepted this explanation, supported by a remand report from the A.O., which confirmed the use of low-quality raw material. The Tribunal upheld the CIT(A)'s decision, finding no evidence of suppressed G.P. and no defects in the audited books of accounts.

Issue 2: Deletion of Addition of Unrecorded Sales

The Revenue also contested the deletion of the addition of unrecorded sales amounting to Rs. 9,85,800/-. The A.O. had determined this figure based on the suppression of yield percentage. The assessee maintained that all sales were properly recorded and supported by bills and vouchers. The CIT(A) found no direct evidence of unrecorded sales and noted that the A.O.'s estimation was based on assumptions rather than concrete evidence. The Tribunal agreed with the CIT(A), noting the absence of any material suggesting unaccounted sales and upheld the deletion of the addition.

Conclusion:

The Tribunal dismissed the appeal filed by the Revenue, upholding the CIT(A)'s order deleting the additions of estimated G.P. and unrecorded sales. The decision was based on the remand report confirming the use of inferior quality raw material and the lack of evidence supporting the A.O.'s assumptions.