2018 (3) TMI 1447 - AT - Income Tax

Estimation of income - Determination of NPR - rejection of books for non-maintenance of stock register coupled with payment of expenses on self made vouchers - Held that - The 8% NPR confirmed by the ld. CIT(A) was applied by the AO has observed (Para 4 of the assessment order) that the net profit rate shown by the assessee was 6.7%, whereas, actually, it was shown at 5.01%. Though the ld. CIT(A) took due note (impugned order, para 6.1) of this actual NPR shown by the assessee, he maintained the net profit rate of 8% as applied by the AO. Considering the past history in the assessee s own case, the AO is directed to apply a net profit rate of 2.65% and the addition is directed to be reduced accordingly.

Summary

Issues:
1. Application of net profit percentage under section 145(3)
2. Rejection of books of account for non-maintenance of stock register
3. Consideration of past history for computation of income

Analysis:
1. The appellant, a civil contractor, challenged the application of a net profit percentage of 8% under section 145(3) for the assessment year 2012-13. The AO applied an 8% net profit rate on the net receipts, leading to an addition of ?12,57,702 to the returned income. The CIT(A) upheld the rejection of books for not maintaining a stock register and using self-made vouchers for expenses. The appellant argued that the books were audited under section 44AB, and the rejection was unwarranted without complete vouchers. The Tribunal considered the past history of the appellant's net profit rates for the last three years, directing the AO to apply a net profit rate of 2.65% based on the average of the past years, thereby reducing the addition.

2. The rejection of books of account by the CIT(A) was based on the non-maintenance of a stock register and the use of self-made vouchers for expenses below ?20,000. The appellant contended that the rejection was unjustified as the true profits could still be ascertained without complete vouchers. The Tribunal, however, upheld the CIT(A)'s decision, emphasizing that more than 95% of the receipts were claimed as deductions under purchases and wages, indicating discrepancies in accounting practices.

3. The consideration of past history for the computation of income played a crucial role in this case. The Tribunal highlighted the importance of following past trends, citing a previous judgment where the average net profit rate of the last three years was used to determine the appropriate rate. Despite the appellant showing a net profit rate of 5.01%, the Tribunal directed the AO to apply a net profit rate of 2.65% based on the historical data, leading to a reduction in the addition made by the AO. This decision underscored the significance of past performance in determining a fair and reasonable net profit rate for the appellant.

This detailed analysis of the judgment provides insights into the issues raised by the appellant, the decisions made by the authorities, and the Tribunal's final ruling based on a thorough examination of the facts and legal provisions involved in the case.