2021 (5) TMI 851 - AT - Income Tax

Estimation of income - books of accounts of the assessee were rejected and provisions of Section 145(3) of the Act were invoked - Addition is sustained by the ld. CIT (A) based on the findings of the ld. CIT (A) in assessee s own case for assessment year 2010-11 wherein the profit @ 5% on the turnover was estimated - HELD THAT - In the present case the addition is also based on the order of the ld. CIT (Appeals) for assessment year 2010-11. This order has now been restored back to the ld AO for that year. Therefore, looking to the facts that when additions are confirmed on the basis of the order of ld CIT (A) for earlier years which has already been sent back to the ld AO for fresh decision, there is no reason that why this year should also not be restored back to the file of the ld AO for fresh assessment . SO, we also set aside this appeal with similar direction to the file of the Assessing Officer. Needless to say that the assessee is to show correct income with cogent material before the Assessing Officer. Accordingly, the solitary ground of appeal of the assessee is allowed with above direction. Excess opening stock - Addition of difference in the opening stock as well as the closing stock - HELD THAT - AO did not care to consider that whether the assessee is having the above stock as actual stock with the assessee and if so what is the source of investment for the above stock. The Assessing Officer has not even examined the source of stock nor was such stock found during the course of survey on 17.09.2013 and 29.09.2013. No purchase vouchers or details were also found during the course of survey. In view of this, we do not find any infirmity in the order of the ld. CIT (Appeals) and thus, the solitary ground of appeal of the ld. Assessing Officer is dismissed.

Summary

Issues:
1. Estimation of income under Section 44AD
2. Rejection of books of accounts and addition of income
3. Addition for investment in purchase of house property
4. Disallowance under Section 80C
5. Appeal against the order of the Commissioner of Income Tax (Appeals) for assessment year 2009-10

Estimation of Income under Section 44AD:
The appellant contested the estimation of income at ?72,38,608 by the ld. CIT (Appeals), arguing that it lacked a basis and was solely based on the order for the assessment year 2010-11. The appellant highlighted discrepancies in the turnover and the accounts, emphasizing that the Chartered Accountant's statement confirmed the accounts were prepared without proper examination. The Tribunal noted that the matter for the previous year had been sent back to the Assessing Officer for fresh decision. Consequently, the Tribunal set aside the appeal, directing the Assessing Officer to allow the appellant an opportunity to substantiate the turnover and expenses with valid evidence.

Rejection of Books of Accounts and Addition of Income:
In the case for assessment year 2012-13, the Assessing Officer rejected the books of accounts and invoked Section 145(3) of the Income Tax Act, leading to disallowance of 20% of expenditures and additional income assessment. The ld. CIT (Appeals) sustained the addition of ?72,38,608 based on a profit rate of 5% applied in the appellant's own case for the previous year. The Tribunal observed that since the order for the previous year had been sent back for reconsideration, the current year's assessment should also be restored to the Assessing Officer for a fresh evaluation with proper substantiation of income.

Addition for Investment in Purchase of House Property:
An addition of ?46,26,000 was made for investment in the purchase of a house property, which the Assessing Officer questioned due to lack of further information provided by the appellant. The Tribunal noted that the payment for the property was made from an over-draft account, but the contention was rejected by the Assessing Officer. The total income was assessed at ?1,24,29,480 against the returned income of ?6,38,660, including disallowances under various sections.

Disallowance under Section 80C:
A further disallowance of ?8,000 was made under Section 80C of the Act, contributing to the total income assessment. The ld. CIT (Appeals) had allowed the appeal in part, deleting the addition for the investment in the house property as the sustained business income addition was higher. The Tribunal emphasized the need for the appellant to provide accurate income details with substantial evidence before the Assessing Officer.

Appeal against the Order for Assessment Year 2009-10:
In the appeal against the order for assessment year 2009-10, the ld. CIT (Appeals) restricted the addition of 5% of gross sales, leading to the deletion of a substantial amount. The Assessing Officer challenged this decision, but the Tribunal upheld the CIT (Appeals) order, emphasizing the lack of proper examination of the opening stock discrepancy and the absence of supporting evidence during the assessment proceedings.

This detailed analysis of the legal judgment from the Appellate Tribunal ITAT DELHI covers various issues related to income estimation, bookkeeping, additions, and appeals, providing a comprehensive understanding of the case and its implications.