2008 (3) TMI 42 - HC - Income Tax

The assessee, a hotel, filed a return showing cost of raw material at around 62% food cost ratio. Assessee was not able to maintain stock register therefore, AO on estimate basis the consumption ratio@45% and made the addition on account of suppressed sale sicne the sale were fully vouched, no specific defects were found in the books of account therefore, Com(A) partially allowed the appeal and restricted the ratio @55%. ITAT s decision maintaining the order of Com(A) not interfered with.

Summary

Issues:
1. Interpretation of the food cost ratio for a hotel.
2. Validity of estimating sales based on industry norms.
3. Rejection of books of accounts under Section 145(2) of the Income Tax Act.
4. Comparison of trading results between different types of hotels.

Interpretation of the food cost ratio for a hotel:
The case involved an appeal by the Revenue against the order of the Income Tax Appellate Tribunal regarding the food cost ratio of a hotel for the Assessment Year 1997-98. The Assessing Officer had estimated excess purchases and suppressed sales, leading to an addition of Rs.18,37,729 based on a food cost ratio of 45%. The Commissioner of Income Tax (Appeals) restricted the food cost to 55%, providing relief to the assessee. The Tribunal upheld this decision, emphasizing that food cost varies between establishments, especially considering the size and location of the hotel. The Tribunal found no fault with the Commissioner's decision and dismissed the appeals, stating that the estimate of the food cost ratio was reasonable and not perverse.

Validity of estimating sales based on industry norms:
The Assessing Officer had estimated suppressed sales by comparing the purchases and sales disclosed by the assessee to prevalent norms in the hotel industry. The Commissioner of Income Tax (Appeals) restricted the addition made by the Assessing Officer, considering the locational disadvantage of the assessee's hotel compared to a larger hotel. The Tribunal upheld the Commissioner's decision, highlighting the unfairness of comparing the small hotel with larger establishments like CITCO. The Tribunal found no grounds to challenge the Commissioner's findings and dismissed the appeals.

Rejection of books of accounts under Section 145(2) of the Income Tax Act:
The Assessing Officer had raised concerns about the maintenance of day-to-day stock records by the assessee. However, the Commissioner of Income Tax (Appeals) held that non-maintenance of daily consumption records cannot be a ground for rejecting the books of accounts under Section 145(2). The Commissioner found no defects or inflation in purchases or sales and noted that all sales were fully vouched. The Tribunal supported this view and did not find any material warranting the rejection of books of accounts under Section 145(2).

Comparison of trading results between different types of hotels:
The case involved a comparison of trading results between the appellant's small hotel and larger establishments like CITCO. The Commissioner of Income Tax (Appeals) and the Tribunal emphasized the differences in scale, infrastructure, and clientele between the hotels, stating that such comparisons are unfair. The Tribunal upheld the Commissioner's decision, noting that the appellant's hotel operates on a smaller scale and cannot be equated with star hotels like CITCO. The Tribunal found no grounds to challenge these findings and dismissed the appeals, stating that no substantial question of law arose for determination.