2016 (7) TMI 508 - AT - Income Tax

Unexplained cash credit u/s 68 - Held that - It is assessee s submission that the assessee had furnished the details to prove the genuineness of transaction and if given one more opportunity, the assessee would present Shanti Metals Pvt.Ltd. before the AO and also furnish all the other necessary details required and also prove that the transactions with Shanti Metals Pvt.Ltd. was genuine and therefore no addition u/s.68 was required. Considering the aforesaid request of the assessee s ld.AR, in the interest of justice, we are of the view that the assessee be granted one more opportunity to prove the transactions. We therefore restore the issue back to the file of AO to decide afresh the issue of addition u/s.68 of the Act with respect to the amount received from Shanti Metals Pvt.Ltd.- Decided in favour of assessee for statistical purposes. Net Profit estimation - rejection of books of account - Held that - It is assessee s contention that it had produced the books of account before AO and other required vouchers.On the other hand, it is AO s contention that the required details were not furnished by the assessee. Ld.CIT(A) while upholding the action of AO has inter alia noted that details called for by AO were neither furnished before AO nor during appellate proceedings and further assessee had also not explained the basis for revising the returned income to NIL as against returned loss of ₹ 38,90,070/- after selection of the case for scrutiny and issuance of notice u/s.143(2) of the Act. In view of the contrary submissions by the assessee and the AO, we are of the view that one more opportunity be granted to the assessee to produce the entire books of account, vouchers, and such other details required by the AO, more so when the ground No.1 with respect to unexplained cash credit is also remitted back to the file of AO. - Decided in favour of assessee for statistical purposes.

Summary

Issues Involved:
1. Alleged non-attendance and non-cooperation from the assessee.
2. Addition under Section 68 of the Income Tax Act concerning a loan from Shanti Metals Pvt. Ltd.
3. Rejection of books of accounts by the Assessing Officer (AO).
4. Estimation of Net Profit at 1% of Sales.

Issue-wise Detailed Analysis:

1. Alleged Non-attendance and Non-cooperation from the Assessee:
The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the AO's contention regarding the assessee's alleged non-attendance and non-cooperation. This issue was intertwined with the other grounds of appeal and influenced the decisions on the addition under Section 68 and the rejection of books of accounts.

2. Addition under Section 68 of the Income Tax Act:
The AO added ?33,35,000 under Section 68, treating it as unexplained cash credit from Shanti Metals Pvt. Ltd. The assessee failed to provide sufficient evidence to prove the identity, genuineness, and creditworthiness of the transaction. The CIT(A) partially upheld this addition, noting discrepancies in the balance sheet of Shanti Metals Pvt. Ltd. and the lack of a bank statement to substantiate the loan. The Tribunal, considering the assessee's request for another opportunity to present evidence, remitted the issue back to the AO for a fresh decision, emphasizing the need for the assessee to cooperate and provide all necessary details.

3. Rejection of Books of Accounts:
The AO rejected the books of accounts under Section 145(3) due to the assessee's failure to produce them for verification, along with other necessary details. The CIT(A) upheld this rejection, citing the assessee's non-compliance in providing required information during both assessment and appellate proceedings. The Tribunal, recognizing the conflicting claims regarding the production of books, decided to grant the assessee another opportunity to present the books of accounts and other relevant details to the AO. The issue was remitted back to the AO for a de novo decision.

4. Estimation of Net Profit at 1% of Sales:
Following the rejection of books of accounts, the AO estimated the Net Profit at 1% of the total sales, resulting in an addition of ?6,05,998. The CIT(A) confirmed this estimation, deeming it reasonable under the circumstances. The Tribunal, however, considering the remittance of related issues back to the AO, also remitted this issue for a fresh decision. The Tribunal directed the assessee to provide all required details and cooperate with the AO.

Conclusion:
The Tribunal allowed the assessee's appeals for Assessment Years 2005-06 and 2006-07 for statistical purposes, remitting the issues back to the AO for fresh consideration. The Tribunal emphasized the need for the assessee to cooperate fully and provide all necessary documentation to substantiate their claims.