2017 (6) TMI 1252 - HC - Income Tax

Estimation of income - rejection of books of accounts u/s 145(3) - unaccounted stock - valuation of raw material and finished, semi precious stones - CIT(A) had deleted the additions - ITAT remanded the matter back to AO in the remand proceedings, AO estimated the income @32.31% on estimated sales - Held that - In our considered opinion observations of CIT(A) is attractive but not according to law and view taken by the Tribunal is required to be accepted. - Both the issues are answered in favour of the Department and against the assessee.

Summary

Issues:
1. Challenge to Tribunal's judgment and order.
2. Substantial questions of law framed by the Court.
3. Rejection of books of accounts under Section 145 of the Income Tax Act.
4. Dispute over addition in manufacturing and trading result.
5. Consideration of past year's results for estimation of income.
6. Application of gross profit as in the preceding year.
7. Tribunal's decision to revert the matter back to the Assessing Officer.
8. Factors affecting the gross margin fluctuation.
9. Estimation of profits and trading addition.
10. Levying of penalty under Section 271(1)(c) of the IT Act.

Analysis:

1. The appellant challenged the Tribunal's decision that reversed the finding of the CIT(A). The Court framed substantial questions of law regarding the addition in manufacturing and trading result, rejection of books of accounts under Section 145, and the maintenance of total weight stock register.

2. The appellant's counsel argued based on the CIT(A)'s observations, emphasizing the impact of falling stone prices in a specific year. The Tribunal, however, upheld the Assessing Officer's decision, citing the lack of comparable cases for income estimation and the application of past year's results as the best guide.

3. The respondent's counsel supported the Tribunal's decision, highlighting the absence of material explanations for the decrease in gross profit compared to the previous year. The Tribunal reverted the matter to the Assessing Officer, considering factors like international market competition, recessionary conditions, and currency strength.

4. The Assessing Officer estimated the sales and applied the previous year's gross profit rate to calculate the trading addition. The Court agreed with the Tribunal's view, stating that the CIT(A)'s observations were attractive but not legally sound, ultimately ruling in favor of the Department and against the assessee.

5. The judgment emphasized the importance of following legal procedures and accepted the Tribunal's decision based on the application of the preceding year's gross profit rate for income estimation. The appeal was dismissed, affirming the Tribunal's findings and the levying of penalties under the IT Act.