2009 (10) TMI 34 - HC - Income Tax

Rejection of books of accounts high yield versus law yield - Addition of Rs.13, 22, 292/- was made on the basis that the assessee in the year in question had shown a percentage yield 1.6 %. There was an abnormal fall in the yield since in the previous year percentage oil yield from the cedar wood was more than 4.6%. The Assessing Officer held that the yield percentage could not have been less than 4% and thereby made addition of Rs.13, 22, 292/-. ITAT confirmed the order of AO held that - The Tribunal has made reference to the arguments raised on behalf of the revenue as well as the assessee and it is apparent that one of the main arguments raised was whether the books of account could be rejected or not? In fact according to the Tribunal the first issue to be decided was whether the Assessing Officer was justified in rejecting the books of account. After considering the entire material the Tribunal came to the conclusion that the Assessing Officer was justified in rejecting the books of account. It has also given reasons for the same. order of ITAT upheld

Issues:
1. Justification of rejecting the books of account by the Assessing Officer.
2. Legality of arriving at a conclusion on the low yield of cedar wood oil.
3. Use of different yield stumps and its impact on the assessment.
4. Disallowance of expenses related to foreign tour.

Analysis:

Issue 1: Justification of rejecting the books of account by the Assessing Officer
The case involved a partnership firm engaged in the production and sale of cedar wood oil. The Assessing Officer found discrepancies in the books of account and made additions to the income based on his best judgment assessment. The main contention was whether the Assessing Officer was justified in rejecting the books of account. The CIT (A) held that the rejection was not justified, but the Tribunal disagreed. The Tribunal concluded that the rejection was justified after considering the arguments presented by both parties and providing reasons for its decision. The High Court upheld the Tribunal's decision, stating that even though the specific ground challenging the rejection was not raised in the appeal, the Tribunal had the authority to consider and decide on this issue based on the arguments presented.

Issue 2: Legality of arriving at a conclusion on the low yield of cedar wood oil
The Assessing Officer made an addition to the income based on a significant fall in the yield percentage of cedar wood oil compared to the previous year. The Tribunal set aside the CIT (A)'s decision and affirmed the Assessing Officer's addition. The High Court did not find any substantial legal question in this issue, considering it a question of fact. Therefore, the legality of arriving at a conclusion on the low yield was not further analyzed.

Issue 3: Use of different yield stumps and its impact on the assessment
The question arose regarding the use of high yield stumps during the earlier period of the contract and stumps with low oil content later on. The Assessing Officer made an addition based on the variation in yield percentages. The Tribunal partly disallowed the expenses related to foreign travel. The High Court did not find any substantial legal question in these issues and deemed them as questions of fact, hence not requiring further analysis.

Issue 4: Disallowance of expenses related to foreign tour
The Assessing Officer had made additions on account of foreign travel expenses, which were partly disallowed by the CIT (A) and further reduced by the Tribunal. The High Court did not find any substantial legal question in this issue and considered it a question of fact, leading to no detailed analysis.

In conclusion, the High Court upheld the Tribunal's decision on the justification of rejecting the books of account, while finding no substantial legal questions in the other issues raised. The appeal was disposed of accordingly.

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