2006 (10) TMI 145 - HC - Income Tax

Rejection of books of account change in gross profit rate - assessee-appellant is doing business of trading in pan masala and other connected commodities. The assessee has furnished return of income showing ₹ 4,48,280 as taxable income along with the audit report. - the Assessing Officer noticed that there is fall in the gross profit rate in the business as a whole as compared to the gross profit rate shown by the assessee during the last assessment year 1991-92. The assessee has shown in the previous year gross profit rate of 4.63 per cent, by taking entire business as a whole, but this year he has shown the gross profit rate of 2.38 per cent. only. With this premise, he decided to reject the books of account and asked for explanation of the assessee about the fall in the gross profit rate - Held that - Mere deviation in the gross profit rate cannot be a ground for the rejecting the books of account, and entering the realm of estimate and guesswork. Lower gross profit rate shown in the books of account during the current year and fall in the gross profit rate was justified

Summary

Issues:
- Interpretation of substantial question of law under section 260A of the Income-tax Act, 1961.
- Assessment of business income based on gross profit rate.
- Rejection of books of account due to fall in gross profit rate.
- Application of estimated gross profit rate in assessing income.
- Justification for rejecting books of account and resorting to estimation.

Interpretation of Substantial Question of Law:
The case involved interpreting a substantial question of law under section 260A of the Income-tax Act, 1961. The question revolved around the assessing authority accepting a heavy loss in the supari business segment, leading to a fall in the overall gross profit rate. The Tribunal had to determine if it was reasonable to restore the assessing authority's order based on this explanation.

Assessment of Business Income Based on Gross Profit Rate:
The Assessing Officer noted a decrease in the gross profit rate compared to the previous year, leading to a scrutiny of the books of account. The appellant, engaged in trading pan masala and related goods, explained the fall in gross profit rate due to a significant loss in the supari business segment. The assessing authority rejected the books of account and computed income by segregating accounts based on estimated turnover and applying a gross profit rate.

Rejection of Books of Account and Application of Estimated Gross Profit Rate:
The Commissioner of Income-tax (Appeals) upheld some additions to income but disagreed with the assessing authority's estimation method. The Tribunal, however, sustained the addition based on a 4% gross profit rate. It was debated whether estimation was justified when actual turnover was verifiable and not incorrect.

Justification for Rejecting Books of Account and Resorting to Estimation:
The High Court found that the Tribunal erred in not appreciating the Commissioner's reasoning. It emphasized that maintaining books as in previous years, with no discrepancies in sales, purchases, or stock inventories, should not lead to estimation. The Court concluded that the fall in gross profit rate was justified and known factors were not properly considered by the Tribunal, leading to the order being set aside in favor of the Commissioner's decision.

In summary, the judgment clarified the interpretation of a substantial question of law, addressed the assessment of business income based on gross profit rate, discussed the rejection of books of account, the application of estimated gross profit rate, and the justification for rejecting books and resorting to estimation. The Court ultimately allowed the appeal, setting aside the Tribunal's order and restoring the Commissioner's decision.