2014 (7) TMI 1383 - AT - Income Tax

Unexplained credits - Peak balance of the credits - credit of surrendered income - suppression of gross profit - HELD THAT - The first addition made in the hands of the assessee is on account of estimation of gross profit rate and we uphold the said addition. In view thereof, ground of appeal in Cross Objection filed by the assessee are dismissed. Similarly, as we have upheld the order of Commissioner of Income Tax (Appeals) in giving the benefit of surrendered amount after arriving at the total addition, we find no merit in the ground of appeal No. 2 raised by the revenue. Bogus purchases - Investigation made by the AO that the concern M/s Glass Plastic Co. of India was a bogus party created by the assessee through whom no purchases or sales were made and was utilized for making bogus payments. The assessee was depositing cash in his bank account from which cheques were issued which in-turn were deposited in the bank of M/s Glass Plastic Co. of India, from which cash was withdrawn of exact amount of the cheque deposited. In view of the facts and circumstances of the case where the exercise was being carried out from day-to-day, there is no merit in treating the total deposits as unexplained and the theory of peak credit is to be applied to work out the addition in the hands of the assessee. CIT(A) direction that the addition on account of peak credits be made in the hands of the assessee and the benefit of surrendered amount should be given after making total additions in the hands of the assessee upheld - no merit in ground of appeal No. 1 raised by the revenue.

Summary

Issues Involved:
1. Rejection of books of account.
2. Addition on account of suppression of gross profit.
3. Addition on account of unexplained credits in the bank account.
4. Direction to work out the peak balance of credits.
5. Credit of surrendered income of Rs. 45 lacs.
6. Disallowance of interest on interest-free advances.

Issue-wise Detailed Analysis:

1. Rejection of Books of Account:
The assessee's books of account were rejected by the Assessing Officer (AO) due to various discrepancies and the inability of the assessee to produce the books, claiming they were destroyed in a fire. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the AO's decision, noting significant defects such as the absence of verification for frequent deposits and withdrawals, and unverified payments to sundry creditors. The Tribunal concurred with the authorities, affirming the rejection of the books under section 145(3) of the Income Tax Act, 1961.

2. Addition on Account of Suppression of Gross Profit:
The AO applied a Gross Profit (GP) rate of 12.93%, based on the preceding year's rate, to estimate the suppressed income due to discrepancies in sales and purchases. The CIT(A) and the Tribunal upheld this approach, agreeing that the GP rate from the previous year was reasonable given the absence of reliable books of account. The Tribunal also supported the adjustment of the surrendered income of Rs. 45 lacs against the total additions.

3. Addition on Account of Unexplained Credits in the Bank Account:
The AO noted unexplained credits in the bank account, which were more than the declared sales. The difference was treated as unaccounted sales, resulting in an addition of Rs. 23,98,275/-. The CIT(A) upheld the addition but directed that the credit of the surrendered income should be given after arriving at the total additions. The Tribunal agreed with this approach, affirming the addition and the method of adjusting the surrendered income.

4. Direction to Work Out the Peak Balance of Credits:
The CIT(A) directed the AO to work out the peak balance of credits, considering the transactions with M/s Glass Plastic Co. of India, which was found to be a bogus entity. The Tribunal upheld this direction, noting that the peak credit theory was appropriate given the day-to-day cash deposits and withdrawals, thus preventing the total deposits from being treated as unexplained.

5. Credit of Surrendered Income of Rs. 45 Lacs:
The CIT(A) and the Tribunal held that the credit for the surrendered income should be given after making total additions, not before. The AO had already allowed the benefit of the surrendered amount while making additions. The Tribunal found no merit in the revenue's ground against this direction, affirming the CIT(A)'s approach.

6. Disallowance of Interest on Interest-Free Advances:
The CIT(A) upheld the disallowance of interest on interest-free advances made by the assessee, and the Tribunal found no reason to interfere with this decision.

Conclusion:
The Tribunal dismissed both the revenue's appeal and the assessee's cross-objections, upholding the CIT(A)'s orders on all counts. The rejection of books, the application of the GP rate, the treatment of unexplained credits, and the method of adjusting the surrendered income were all affirmed. The disallowance of interest on interest-free advances was also upheld. The Tribunal's decision was pronounced in open court on 24th July 2014.