2022 (4) TMI 1392 - HC - Income Tax

Rejection of books of accounts - Percentage of gross profit of an assessee on being unsatisfied as to the correctness of the accounts - whether the percentage of gross profit as determined by the Commissioner of Income Tax (Appeals) 11, Kolkata CIT(A) at 40 per cent was justified or not? - HELD THAT - Assessee was not put on specific notice that the gross profit should have been determined at 40 per cent qua their claim of gross profit at 57.01 per cent. Thus, the best course that should have been adopted by the CIT(A) was to remand the matter back to the assessing officer to re-do the assessment and issue certain guidelines or on the other hand directed the assessing officer to submit a remand report. CIT(A) did not adopt either of these two courses but proceeded to determine the gross profit once again by way of guess work which in our opinion was incorrect in so far as the AO had completed the assessment. As pointed out earlier the tribunal has not given any independent reason for affirming the order of the CIT(A). Thus, taking note of the peculiar facts and circumstances of the case, we are of the considered view that the matter should be remanded back to the assessing officer to consider only the aspect as to whether the denial of the gross profit to the extent of 17.01 per cent by the CIT(A) as affirmed by the tribunal was correct or not. In this regard, the assessee should be given an opportunity by the assessing officer to place the records and documents to justify that the gross profit as determined by them at 57.01 per cent was correct. We make it clear that whatever relief granted by the CIT(A), namely, determination of gross profit at 40 per cent cannot be altered and the same stands affirmed and what remains is only to consider as to whether the remaining amount of gross profit, namely, 17.01 per cent of which relief was denied to the assessee by the CIT(A) which requires to be considered by the assessing officer. Appeal is allowed.

Summary

Issues:
1. Authority of Income Tax Authority to determine percentage of gross profit of an assessee
2. Validity of decision by Income Tax Authority to reduce percentage of gross profit of the assessee

Analysis:
1. The primary issue in this case revolved around the authority of the Income Tax Authority to determine the percentage of gross profit of an assessee when unsatisfied with the correctness of the accounts. The assessing officer initially rejected the entire claim of deduction made by the assessee under Section 80IC of the Income Tax Act, 1961. However, the Commissioner of Income Tax (Appeals) (CIT(A)) overturned this decision, stating that the assessing officer's conclusions were incorrect and based on presumptions, ignoring evidence provided by the assessee during the assessment proceedings. The CIT(A) further examined the claim of gross profit made by the assessee and determined it at 40 per cent, rejecting the books of accounts submitted by the assessee under Section 143(3) of the Act.

2. The second issue arose when the assessee appealed the CIT(A)'s decision, arguing that their claim of 50 per cent gross profit should have been accepted instead of 40 per cent. The tribunal, without providing independent reasoning, affirmed the CIT(A)'s order. The High Court observed that the CIT(A) should have remanded the matter back to the assessing officer for reassessment or directed the assessing officer to submit a remand report. Instead, the CIT(A) determined the gross profit once again without proper justification, leading to an incorrect decision. The High Court concluded that the matter should be remanded back to the assessing officer to consider whether the denial of 17.01 per cent of gross profit by the CIT(A) was correct. The assessing officer was directed to allow the assessee to present records and documents justifying their claimed gross profit of 57.01 per cent.

3. The High Court allowed the appeal, setting aside the tribunal's order and remanding the matter to the assessing officer for fresh consideration. The assessing officer was instructed to provide the assessee with a personal hearing, allow them to produce books and records, and pass a reasoned order in accordance with the law. The relief granted by the CIT(A) in determining gross profit at 40 per cent was affirmed, while the remaining 17.01 per cent of gross profit, which was denied to the assessee, required further consideration by the assessing officer. The substantial questions of law were left open for future determination.

In conclusion, the High Court's judgment focused on the authority of the Income Tax Authority in determining the percentage of gross profit, the proper procedure for reassessment, and the need for reasoned decisions based on evidence in tax matters.