2019 (4) TMI 1230 - HC - Income Tax

Estimation of Net Profit - sale on trading business - ITAT estimating net profit at 1.0% - HELD THAT - At one stage, the Tribunal rejected the assessee's contention that the disclosure of gross profit at the rate of 1% to 1.5% in the new business, was correct reflection of the profitability. However, in the later portion, the Tribunal subjected the turnover from such business at a profit rate of 1%. This has clearly resulted into erroneous finding being arrived at by the Tribunal. Being an exercise predominantly in the nature of fact finding, we would therefore request the Tribunal to do it afresh after hearing both sides. For such purpose, we restore the Appeal before the Tribunal. We have not expressed any opinion on the merits of this issue and the Tribunal shall give its finding independently of any of the observations which have been made in this order.

Summary

Issues:
1. Estimation of net profit by the Tribunal without documentary evidence.
2. Contradiction in the Tribunal's findings regarding the profitability of the business.
3. Clarification on the notice of assessment under Section 143(2) of the Income Tax Act, 1961.

Analysis:
1. The High Court addressed the issue of the Tribunal estimating the net profit at 1.0% on a particular amount without any documentary evidence. The Court noted a contradiction in the Tribunal's findings where it rejected the assessee's contention regarding the profitability of the business. The Court found this to be an erroneous finding and requested the Tribunal to re-examine the matter after hearing both sides. The Appeal was restored before the Tribunal for a fresh determination without expressing any opinion on the merits of the issue.

2. The Court highlighted the contradiction in the Tribunal's decision regarding the turnover from the business at a profit rate of 1%. The Court emphasized that this contradictory approach led to an erroneous finding. As the issue primarily involved fact-finding, the Court directed the Tribunal to conduct a fresh assessment after considering all relevant aspects and hearing both parties. The Court specifically mentioned that its order did not reflect any opinion on the merits of the case, leaving the final decision to the Tribunal.

3. The Court clarified an aspect related to the notice of assessment under Section 143(2) of the Income Tax Act, 1961, raised by the respondent assessee before the Tribunal. The Tribunal had ruled that the notice was within the prescribed limitation period, rejecting the assessee's contention. The Court indicated that this specific issue was not to be reopened during the remand process, which was limited to the profitability assessment. However, the Court allowed the assessee to raise this contention if the Tribunal's future judgment aggrieved the assessee. The Court noted that since the Tribunal's current judgment favored the assessee, there was no immediate need to challenge it, and any future appeal regarding limitation would depend on the Tribunal's fresh decision post-remand.

In conclusion, the High Court disposed of the Tax Appeal with the mentioned observations, directing the Tribunal to reevaluate the estimation of net profit without documentary evidence and to address the contradictions in its findings regarding the business's profitability. The Court's order focused on ensuring a fair and thorough examination of the matter by the Tribunal while providing clarity on the notice of assessment issue for future considerations.