2022 (6) TMI 460 - HC - Income Tax

Estimation of income - bogus purchases - Addition based on relying on the rate of gross profit earned in the earlier year - disallowance on purchases restricted to the extent of 2.5% of the total turnover by CIT-A - HELD THAT - Appellant / assessee did not furnish the relevant materials to substantiate their claim before the authorities below and they themselves admitted that they were unable to produce the supporting evidence for purchases, since the relevant records pertaining to the assessment year in question, were washed away in 2015 flood. The appellant / assessee filed the auditor's report, as per which, there was no adverse comment on books of accounts maintained by the appellant / assessee and the purchases debited into P L account, which fact was not disputed by the assessing officer. In such circumstances, the CIT(A), taking note of the fact that there was a decline in gross profit declared by the assessee for the assessment year in question compared to earlier financial year, directed the assessing officer to restrict the disallowance on purchases to the extent of 2.5% of the total turnover. The said finding of the CIT(A) was also affirmed by the Tribunal, based on the evidence adduced before the same. Such well considered findings of the appellate authorities do not warrant any interference at the hands of this court. See ALPASSO INDUSTRIES PVT. LTD. VERSUS INCOME TAX OFFICER WARD-1 (3) 2018 (8) TMI 761 - DELHI HIGH COURT - Decided against assessee.

Issues:
1. Disallowance of expenses based on lack of supporting evidence
2. Adhoc disallowance of purchases by assessing officer
3. Appeal against the order of Commissioner of Income Tax (Appeals)
4. Tribunal's decision on sustaining the addition to the extent of Rs.1,32,85,764/-

Issue 1: Disallowance of expenses based on lack of supporting evidence

The assessing officer made a disallowance of 10% on purchases on an adhoc basis for the assessment year 2014-15. The Commissioner of Income Tax (Appeals) restricted this disallowance to 2.5% of the total turnover based on estimation. The Tribunal affirmed this decision. The Commissioner noted that the assessing officer could not verify the correctness of the income due to lack of supporting details. The Tribunal emphasized that the appellant failed to substantiate purchases with necessary bills and vouchers. Despite claiming records were destroyed in a flood, the appellant could not provide evidence. The Tribunal upheld the decision of the Commissioner, stating that the appellant's inability to justify expenses warranted the disallowance.

Issue 2: Adhoc disallowance of purchases by assessing officer

The appellant, engaged in manufacturing mild steel ingots, faced an adhoc disallowance by the assessing officer due to the inability to produce purchase details destroyed in a flood. The appellant argued that the assessing officer and the Commissioner made adhoc additions without evidence of inflated purchases. The Tribunal found that the assessing officer's disallowance lacked adverse comments on the appellant's books of accounts. The Tribunal upheld the Commissioner's decision to restrict the disallowance to 2.5% of the total turnover based on the fall in the gross profit rate.

Issue 3: Appeal against the order of Commissioner of Income Tax (Appeals)

The appellant challenged the Commissioner's decision to sustain an addition of Rs.1,32,85,764 under the purchase account for the assessment year 2014-15. The appellant argued that the books of accounts were audited and supported by necessary bills, with no adverse comments. However, due to the loss of records in a flood, the appellant could not provide all purchase details. The Tribunal supported the Commissioner's decision, emphasizing the decline in gross profit declared by the appellant compared to the previous year.

Issue 4: Tribunal's decision on sustaining the addition to the extent of Rs.1,32,85,764/-

The Tribunal affirmed the Commissioner's decision to sustain the addition of Rs.1,32,85,764 under the purchase account. The Tribunal highlighted the appellant's failure to provide supporting evidence for purchases and the decline in gross profit rate. The Tribunal found no error in the Commissioner's reasoning to restrict the disallowance based on the fall in the gross profit rate. The Tribunal rejected both the appellant's and the Revenue's appeals, upholding the decision on the disallowance of purchases.

In conclusion, the High Court dismissed the tax case appeal by the appellant, as there was no substantial question of law for consideration. The court emphasized the importance of evidence and material in determining factual findings, citing a Delhi High Court decision. The well-considered findings of the appellate authorities, including the Commissioner and the Tribunal, did not warrant interference by the court.

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