2017 (4) TMI 174 - AT - Income Tax

Rejecting the books of accounts - estimating the profits at 15% of turnover - Held that - As the issue under consideration is materially identical to that of AYs 2000-01 to 2006-07 and 2008-09 to 2010-11 in assessee s own cases, respectfully following the decision of coordinate bench in those years, we confirm the order of the CIT(A) in directing the AO to estimate income of the assessee @ 8% of the sales.

Summary

Issues:
1. Rejection of books of accounts and estimation of profits at 15% of gross sales by the Assessing Officer.
2. Appeal before the CIT(A) challenging the AO's order.
3. CIT(A)'s decision to reduce profit rate to 8% of sales.
4. Revenue's appeal against CIT(A)'s order.

Issue 1: Rejection of Books of Accounts and Estimation of Profits at 15% of Gross Sales
The Assessing Officer (AO) rejected the books of accounts and estimated profits at 15% of turnover due to various reasons, including an increase in commission payments without evidence, mismatch between sales and net profit, cash expenses without proper documentation, and lack of matching between expenditure and sales. The AO invoked Section 145(3) of the Income Tax Act to estimate income at 15% of gross sales.

Issue 2: Appeal Before CIT(A)
The assessee appealed before the Commissioner of Income-tax (Appeals) [CIT(A)], arguing that the books of accounts were maintained, subjected to audit, and based on financial statements prepared by a Chartered Accountant. The CIT(A) noted that the AO did not specify any serious lapses in maintaining accounts and directed the AO to estimate profits at 8% of sales based on the lack of specific defects in the books of accounts.

Issue 3: CIT(A)'s Decision to Reduce Profit Rate
The CIT(A) observed that the AO's estimation of profits at 15% was unjustified and reduced it to 8% of sales, citing previous decisions in the assessee's own case. The CIT(A) highlighted that self-made vouchers were necessary due to the nature of the business involving unskilled labor and criticized the AO for relying on past percentages without proper justification.

Issue 4: Revenue's Appeal Against CIT(A)'s Order
The revenue appealed against the CIT(A)'s decision to reduce the profit rate, arguing that the CIT(A) erred in reducing it without appreciating the AO's reasons. However, the Tribunal upheld the CIT(A)'s order, following previous decisions in the assessee's cases for other assessment years, directing the AO to estimate income at 8% of sales, considering the complexity of bookkeeping and reliability issues with the special audit report.

This judgment highlights the importance of justifying profit estimations, maintaining proper accounts, and considering the specific circumstances of each case while determining income for taxation purposes. The decision emphasizes the need for reasonable and rational assessments based on accurate financial records and relevant legal provisions.