2016 (5) TMI 489 - HC - Income Tax

Addition on account of fall in GP rate - ITAT deleted the addition - Held that - The assessee has placed on record a copy of chart which was also filed before the Assessing Officer to demonstrate that there has been an alarming increase in the price of steel round bar. For example the rate per mt. of raw material purchased from RINL increased from Rs. 20, 350/- in the preceding year to Rs. 26, 900/- in the current year thereby registering an increase of 32%. In the like manner there is increase in the rate of raw material from other parties ranging between 19% to 36%. This chart indicates that the input costs became costly in the instant year in comparison with the rates prevailing in the preceding year which led to the reduction in the overall profitability. The AO has not contradicted the contents of such chart. When we consider this factor pushing down the gross profit rate coupled with fact that the Assessing officer has not pointed out any mistake in the quantitative records maintained by the assessee or the value of the closing stock the only conclusion which in our considered opinion can be drawn is that the books of account were properly maintained. We therefore hold that the learned CIT(A) was justified in cancelling the action of the AO in rejecting the books and resultantly deleting the addition - Decided against revenue Addition u/s 68 - Held that - If the assessee pursuant to the direction of the Assessing Officer for producing certain creditors expresses its inability to produce the persons but places on record sufficient evidence to prove the genuineness of the deposits the addition cannot be made under section 68 of the Act without the AO discharging his duty to summon the creditors. Once the receipt of deposits from the above six depositors is held to be genuine the consequent disallownace of interest made by the Assessing Officer would automatically stand deleted.- Decided against revenue Addition on account of capital subsidy on sales tax - revenue or capital receipt - Held that - The exercise of option by the assessee in paying half of the amount of deferred tax upfront thereby retaining the remaining half as subsidy cannot convert the otherwise capital subsidy into an item of revenue. The Special Bench of the Tribunal in Sulzer India Limited vs. DCIT (2010 (11) TMI 728 - ITAT MUMBAI) has held that the payment of net present value against a deferred sales tax liability cannot be considered as income under section 41(1) of the Act. CIT(A) was justified in treating sales tax subsidy as a capital receipt.- Decided against revenue

Issues Involved:
1. Addition on account of unexplained fall in Gross Profit (GP) rate.
2. Addition on account of cash credit under Section 68.
3. Addition on account of capital subsidy on sales tax.

Issue-wise Detailed Analysis:

1. Addition on Account of Unexplained Fall in Gross Profit (GP) Rate:
The first issue concerns the addition of Rs. 1,19,93,981/- made by the Assessing Officer (AO) due to a fall in the GP rate from 18.52% in the preceding year to 15.71% during the year in question. The AO noticed a decline in the GP rate and attributed it to an increase in the prices of steel round bars. Rejecting the books of account, the AO adopted the previous year's GP rate of 18.52%, resulting in the addition. The CIT(A) deleted this addition, noting that the AO had not identified any defects in the purchases or turnover, nor had he controverted the quantity or value of the closing and opening inventory. The Tribunal upheld the CIT(A)’s decision, emphasizing that the books of account cannot be rejected solely due to a decline in the GP rate. The Tribunal found that the increase in raw material costs justified the reduced GP rate and that the AO had not pointed out any mistakes in the quantitative records. The Tribunal concluded that the books of account were properly maintained and upheld the deletion of the addition. The relevant findings by the Tribunal stated:
"The Assessing Officer has assigned no reason for rejecting the books of account other than a decline in the gross profit rate… The books of account were properly maintained. We, therefore, hold that the learned CIT(A) was justified in cancelling the action of the AO in rejecting the books and resultantly deleting the addition of Rs. 1.19 crore on this score."

2. Addition on Account of Cash Credit under Section 68:
The second issue pertains to the addition of Rs. 45,94,710/- made by the AO under Section 68 of the Income Tax Act. The assessee received fixed deposits from nine individuals totaling Rs. 54.75 lacs. The AO questioned the genuineness of these transactions, and the assessee provided details and produced one depositor. However, the AO deemed deposits amounting to Rs. 44 lacs from six individuals as bogus due to the assessee's failure to produce them. Consequently, the AO also added Rs. 1,94,710/- as interest paid on these deposits. The CIT(A) deleted the addition, noting that the AO had not given any adverse remarks and that the assessee had provided detailed information about the depositors, including their PAN and bank accounts. The Tribunal upheld the CIT(A)’s decision, stating that the AO should have summoned the creditors if the assessee was unable to produce them but had provided sufficient evidence. The Tribunal concluded:
"Once the receipt of deposits amounting to Rs. 44 lac from the above six depositors is held to be genuine, the consequent disallowance of interest amounting to Rs. 1,94,710/- made by the Assessing Officer would automatically stand deleted. We, therefore, uphold the impugned order in deleting the addition of Rs. 45.94 lacs."

3. Addition on Account of Capital Subsidy on Sales Tax:
The third issue involves the addition of Rs. 21,68,938/- on account of capital subsidy on sales tax. The assessee received a sales tax subsidy, which it claimed as a capital receipt not chargeable to tax. The AO treated this amount as revenue, relying on the Supreme Court's decision in Sahney Steel and Press Works Limited vs. CIT. The CIT(A) treated the subsidy as a capital receipt, stating that it was given to help set up the business in a remote rural area. The Tribunal upheld the CIT(A)’s decision, distinguishing between subsidies given for setting up a business (capital receipt) and those for running a business more profitably (revenue receipt). The Tribunal observed:
"If some subsidy is given for encouraging the industries for setting up units in the remote or rural areas etc., then such subsidy assumes the character of a capital receipt… The exercise of option by the assessee in paying half of the amount of deferred tax upfront thereby retaining the remaining half as subsidy, cannot convert the otherwise capital subsidy into an item of revenue."

Conclusion:
The Tribunal's findings on all issues were based on a thorough appreciation of the material on record and relevant case law. The appellant-revenue failed to demonstrate any illegality or perversity in the Tribunal's findings. Consequently, no substantial question of law arose, and the appeal was dismissed.

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