2012 (12) TMI 1168 - AT - Income Tax

Issues Involved:
1. Addition of Rs. 1,26,64,682/- by rejecting the trading account.
2. Invoking the provisions of section 145(3) of the Act.
3. Non-appreciation of vouched purchases and sales.
4. Alleged suppression of income.
5. Denial of reasonable opportunity of being heard.
6. Addition based on conjectures and surmises.

Summary:

1. Addition of Rs. 1,26,64,682/- by rejecting the trading account:
The AO made an addition of Rs. 1,26,64,682/- by rejecting the trading account, alleging that the purchases made from 26.03.2008 to 31.03.2008 were not reflected in the closing stock or work in progress. The CIT(A) confirmed the addition, stating that the purchases were debited but not shown in the closing stock or work in progress, making it a clear case of suppressed income. The Tribunal found that the assessee had submitted certificates from suppliers proving that goods were received earlier and bills were received later, which was not appreciated by the authorities. The Tribunal directed the deletion of the addition.

2. Invoking the provisions of section 145(3) of the Act:
The AO invoked section 145(3) of the Act, pointing out irregularities in the accounts and proposing a net profit rate of 8% on gross contract receipts. The Tribunal noted that while there were deficiencies in the books of account, the AO did not ultimately apply the NP rate. The Tribunal directed the application of a 5% NP rate on the net contract receipts, based on comparable cases, and deleted the specific addition of Rs. 1,26,64,682/-.

3. Non-appreciation of vouched purchases and sales:
The assessee argued that all purchases and sales were vouched and accounted for in the books. The Tribunal found that the authorities did not appreciate the evidence submitted by the assessee, including certificates from suppliers, and directed the deletion of the addition.

4. Alleged suppression of income:
The AO alleged suppression of income due to non-reflection of purchases in the closing stock or work in progress. The Tribunal found that the assessee had provided a reasonable explanation and evidence, which was not properly considered by the authorities, and directed the deletion of the addition.

5. Denial of reasonable opportunity of being heard:
The assessee contended that the addition was made without affording a reasonable opportunity of being heard and based on material collected at the back of the assessee. The Tribunal agreed, citing the decision of the Hon'ble Supreme Court in Kishinchand Chelaram, and directed the deletion of the addition.

6. Addition based on conjectures and surmises:
The assessee argued that the addition was made purely on conjectures and surmises. The Tribunal found that the authorities did not provide cogent reasons for rejecting the assessee's explanation and evidence, and directed the deletion of the addition.

Conclusion:
The Tribunal partly allowed the appeal, directing the deletion of the addition of Rs. 1,26,64,682/- and applying a 5% NP rate on the net contract receipts. The order of the CIT(A) was reversed, and the AO was directed to delete the specific addition. The appeal was partly allowed.

← Previous Next →