2018 (10) TMI 63 - HC - Income Tax

Rejection of books of accounts - GP estimation - difference in net loss of ₹ 16.41 lacs as compared to net profit of ₹ 1.34 crores in the Assessment Year 2006-07. Held that - Reasons given by the Assessing Officer for rejecting the book results have not been accepted by the appellate authorities. Reasons and explanation given by the respondent-assessee regarding opening/closing stock, amount written back etc. have been accepted. It is not the case that the method of accounting deployed was not regularly followed or it was not possible to deduce profit and gains from the method deployed. The Assessment Order is silent and does not comment and state that the books of accounts were incomplete, incorrect or unreliable. If there is fall in the gross profit ratio, reasons and grounds given by the respondent/assessee have to be examined objectively, fairly and in a non-partisan manner. Past results could be a good reason to conduct detailed verification, albeit would not be the only ground and reason to make addition by rejecting the books of accounts. Good and cogent reason why the financial results should be rejected has to be given. Books of accounts cannot be rejected as the assessee has suffered losses, where as in the immediate earlier year profit was made. Fall in gross profit ratio could be due to various reasons, and cannot be the sole and only ground to reject the book results in entirety and frame best judgment assessment see Commissioner of Income Tax-XII v. Poonam Rani 2010 (5) TMI 57 - DELHI HIGH COURT , Action Electricals v. Deputy Commissioner of Income Tax 2002 (7) TMI 64 - DELHI HIGH COURT . The reasoning given in the assessment order to compute income on hypothetical basis by applying gross profit ratio of 4% is completely fallacious, wrong and is contrary to well-settled law, as expounded vide judgments reported as Commissioner of Income Tax, West Bengal v. Calcutta Discount Co. Ltd. 1973 (4) TMI 6 - SUPREME COURT

Issues Involved:
1. Rejection of book results by the Assessing Officer.
2. Non-disclosure of quantitative stock details.
3. Substantial amount shown as provisions written back.
4. Details of foreign travel expenses.
5. Provision for doubtful advances.
6. Rejection of books of accounts under Section 145 (3) of the Act.

Issue-wise Detailed Analysis:

1. Rejection of Book Results by the Assessing Officer:
The Assessing Officer rejected the book results of the respondent-assessee for the Assessment Year 2007-08 on the ground of a net loss of ? 16.41 lacs, compared to a net profit of ? 1.34 crores in the previous year. The respondent-assessee explained the loss due to increased turnover, which required more infrastructure, working capital, and manpower. However, the Assessing Officer found the explanation incomplete and unsatisfactory and recomputed the taxable income by applying a gross profit ratio of 4%.

2. Non-disclosure of Quantitative Stock Details:
The respondent-assessee did not declare any opening and closing stock. The nature of their business involved direct supply orders placed with OEMs, and the supplies were made directly to customers, cutting down inventory costs. The Assessing Officer did not verify the details of purchases and supplies to ascertain any lapse in not declaring opening and closing stock. The Commissioner of Income Tax (Appeals) noted that the respondent-assessee's explanation was not examined by the Assessing Officer.

3. Substantial Amount Shown as Provisions Written Back:
The respondent-assessee had written back ? 1.13 crores and claimed provision for doubtful advances of ? 17,90,884/-. The explanation given was that these were expenses incurred or paid and debited to the profit and loss account. The Assessing Officer did not consider this submission and failed to deliberate upon the explanation provided.

4. Details of Foreign Travel Expenses:
The Assessing Officer asked for details of foreign travel expenses along with documentary evidence to establish that the expenses were for business purposes. The respondent-assessee provided the details and requested further clarification if needed, but the Assessing Officer did not ask for additional information. The Commissioner of Income Tax (Appeals) found the respondent-assessee's explanation satisfactory.

5. Provision for Doubtful Advances:
The respondent-assessee claimed a provision for doubtful advances of ? 17,90,884/-, which the Assessing Officer considered an unascertained liability. However, the respondent-assessee explained that these were ascertained provisions for amounts due from employees and different parties but not recoverable. The Assessing Officer did not ask for further details or explanations and rejected the books of accounts without proper verification.

6. Rejection of Books of Accounts under Section 145 (3) of the Act:
The Assessing Officer rejected the books of accounts under Section 145 (3) of the Act, citing the fall in profitability and other reasons. However, the appellate authorities did not accept the reasons given by the Assessing Officer. The books of accounts were not found to be incomplete, incorrect, or unreliable. The fall in gross profit ratio was explained by the respondent-assessee, and the method of accounting was regularly followed. The Assessing Officer's decision to compute income by applying a gross profit ratio of 4% was found to be fallacious and contrary to well-settled law.

Conclusion:
The High Court dismissed the appeal, stating that the Assessing Officer's reasons for rejecting the book results were not justified. The explanations provided by the respondent-assessee regarding the opening/closing stock, amounts written back, and other issues were accepted by the appellate authorities. The Assessing Officer's approach was found to be contrary to established legal principles, and the appeal was dismissed in limine.

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