2021 (12) TMI 408 - HC - Income Tax

GP estimation on purchase of liquor - best judgment assessment - HELD THAT - For the two assessment years, different percentage of gross profits have been taken, the addition for the two years is on the higher side. The assumption of the assessing officer that three star hotels earn huge profits cannot be a proposition of general application. Various factors will determine the extent of profits. Since the assessee failed to maintain the books of account, best judgment assessment was validly resorted to. Though the assessing officer is entitled to enter into some guess work while carrying out the best judgment assessment, we are of the opinion that 70% or even 65% was excessive for the said two years. We are of the considered view that 55% of the gross profit would be a justifiable addition in these two revision petitions. We allow these two revision petitions and direct the sales turn over of liquor to be estimated for the assessment years 2010-11 and 2011-12 by adding gross profit at 55% of the purchase value of liquor and beer sold by the assessee.

Summary

Issues:
Assessment based on best judgment, Appeal against assessment orders, Discrepancy in gross profit calculation, Non-maintenance of books of account, Validity of best judgment assessment, Percentage of gross profit estimation, Justifiability of the addition, Discretion exercised by the court.

Analysis:
The High Court of Kerala heard two appeals arising from the Sales Tax Appellate Tribunal's order related to assessment years 2010-11 and 2011-12 concerning a registered Bar Hotel with a three-star facility. The issue in both years was almost identical, involving the estimation of sales turnover due to the non-production of books of account, leading to best judgment assessment by the assessing officer.

For the assessment year 2010-11, the appeal was dismissed by the Deputy Commissioner (Appeals), while for 2011-12, the gross profit was reduced to 65% in another appeal. Both appeals were then dismissed by the Appellate Tribunal, resulting in gross profit calculations of 70% for 2010-11 and 65% for 2011-12.

During the hearing, the petitioner's counsel argued that the assessing officer's reasoning lacked intelligible criteria and was based on unfounded assumptions about Three Star Hotels' profits. On the other hand, the Senior Government Pleader contended that the assessee's failure to maintain books of account warranted no leniency.

The court observed a previous order related to a different assessment year but found it inapplicable to the current case. Considering the contentions and varying gross profit percentages for the two years, the court deemed the additions excessive. While best judgment assessment was valid due to non-maintenance of books, the court found 55% of gross profit to be a justifiable addition, reducing the initial estimations of 70% and 65%.

In conclusion, the court allowed the revision petitions, directing the estimation of sales turnover by adding gross profit at 55% for both assessment years. The court clarified that its decision was specific to this case and should not set a precedent for other cases involving the same assessee or different assessment years.