2018 (5) TMI 1315 - AT - Income Tax

N.P. determination - estimation of income - estimated rate to be applied on entire sale or differential sale amount as detected - suppressed sales - assessee were a liquor contractor dealing in country liquor, Indian made foreign liquor (IMFL) and Beer - Held that - AO is directed to apply N.P. rate of 2.7% on the estimated sales after deducting interest and salary to partners subject to the minimum return income.

Summary

Issues Involved:
1. Rejection of books of account under Section 145(3) of the Income Tax Act.
2. Estimation of sales turnover based on information from the excise department.
3. Taxability of suppressed sales as income.
4. Application of net profit rate on estimated sales turnover.

Issue-wise Detailed Analysis:

1. Rejection of Books of Account under Section 145(3):
The Assessing Officer (AO) rejected the books of account maintained by the assessee under Section 145(3) due to "glaring defects of the sales, totally unsupported by any day-to-day shop-wise register of stock and sales." The AO concluded that true profits could not be deduced from the books of account maintained by the assessee. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld this rejection, noting that the assessee failed to produce sales bills/vouchers for verification despite being given sufficient opportunities.

2. Estimation of Sales Turnover:
The AO collected information from the excise department and estimated the sales turnover, which was significantly higher than the sales declared by the assessee. For assessment years 2010-11 and 2011-12, the AO added the difference between the estimated sales turnover and the declared sales turnover as income from suppressed sales. The CIT(A) confirmed the AO's action regarding the estimation of turnover based on information from the excise department.

3. Taxability of Suppressed Sales as Income:
The CIT(A) disagreed with the AO's view of taxing the entire suppressed sales as income. Instead, the CIT(A) held that only the net profit part of the suppressed sales could be taxed as income, relying on the jurisdictional High Court's decisions in CIT Vs. Balchand Ajit Kumar and Manmohan Sadani Vs. CIT, which stated that total sales cannot be regarded as profit; only the net profit rate should be adopted.

4. Application of Net Profit Rate on Estimated Sales Turnover:
The CIT(A) applied a net profit (N.P.) rate of 3% on the estimated sales turnover, referencing various decisions where a 3% N.P. rate was deemed appropriate for liquor contractors. However, the assessee argued that a net profit rate between 1.5% to 2.5% was more reasonable based on past trading results and comparable cases. The ITAT observed that the CIT(A) did not provide a discernible basis for applying a 3% N.P. rate and failed to consider the past history and comparable cases adequately. The ITAT concluded that a net profit rate of 2.7% on the estimated sales turnover was just, fair, and reasonable, aligning with the past history and comparable cases in the same line of business.

Conclusion:
The ITAT directed the AO to apply a net profit rate of 2.7% on the estimated sales turnover, subject to the minimum returned income, after deducting interest and salary to partners. The appeals of the assessee were partly allowed, and those of the department were dismissed. This decision was consistent with the jurisdictional High Court's rulings and past ITAT decisions on similar cases.