2021 (5) TMI 670 - HC - Income Tax

Computation of gross profit - estimation and enhancement of turnover - Revenue contended before the Tribunal stating that since the assessee consumed large quantity of packing material, the Assessing Officer rightly computed the gross profit by increasing the total turnover on the basis of packing material consumed - One kind of packing material is used to pack turmeric powder in sachet and the other is called as the primary packing material - HELD THAT - As per tribunal opinion that the estimation of total sales without considering the actual purchases would inflate the sale, therefore, the CIT(Appeals) has rightly found that the total turnover was 19,75,167.60 Kgs as against 37,90,500 Kgs estimated by the Assessing Officer. Therefore, the ClT (Appeals) has rightly deleted the addition made by the Assessing Officer. This Tribunal do not find any reason to interfere with the order of the ClT (Appeals) and accordingly the same is confirmed. Similarly, all the other issues were also dealt with by the Tribunal in an elaborate manner i.e by examining the factual position, which was examined by the CIT(A) while granting relief to the assessee. Hence, we find that there is no question of law much less substantial question of law involved in this appeal.

Summary

Issues:
Appeal challenging order under Section 260A of the Income Tax Act, 1961 for assessment year 2009-10.

Analysis:
1. The Revenue challenged the order of the Income Tax Appellate Tribunal regarding the rejection of accounts by the Assessing Officer. The Tribunal used the peak credit method to find cash balances, which the Revenue disputed due to negative balances and unproved expenses. The Tribunal's findings were questioned regarding cash withdrawals and unaccounted purchases, which the Revenue argued were not properly addressed.

2. The Assessing Officer found discrepancies in the cash book of the appellant, leading to suspicions of inflated expenses. The appellant failed to provide satisfactory explanations for unaccounted cash and purchases, resulting in the rejection of certain transactions as unproved. The assessment was completed, increasing the income based on these findings.

3. The Commissioner of Income Tax (Appeals) allowed the appellant's appeal, leading to the Revenue's appeal before the Tribunal. The Tribunal dismissed the Revenue's appeal, prompting the current challenge. The High Court noted that the issues raised were factual, not legal, based on the Tribunal's detailed findings.

4. The dispute included the estimation of turnover and profit by the Assessing Officer, who based calculations on packing material consumed by the appellant. The Revenue argued that the enhanced turnover was justified due to the quantity of packing material used. The appellant contested this, pointing out arithmetical errors and incorrect assumptions made by the Assessing Officer.

5. The Tribunal analyzed the facts and found errors in the Assessing Officer's estimation of sales based on packing material usage. It concluded that the Assessing Officer's approach was flawed and inflated the turnover. The Tribunal upheld the CIT(A)'s decision to delete the addition made by the Assessing Officer, as there was no evidence of inflated purchases or sales.

6. The Tribunal's detailed examination of various issues, including turnover estimation, packing material calculations, and stock considerations, led to the dismissal of the Revenue's appeal. The High Court affirmed the Tribunal's decision, stating that no substantial legal questions were raised, and the appeal was dismissed without costs.