2022 (7) TMI 788 - AT - Income Tax

Rejection of books of accounts u/ 145 - estimating the net profit @7% of the total turnover - CIT-A estimated net profits by applying the rate of 0.22% to the total turnover of the assessee as opposed to 7% applied by the AO - HELD THAT - As relying on ITAT Rajkot bench decision in assessee s own case for assessment year 2010-11 2022 (4) TMI 1425 - ITAT RAJKOT we find no infirmity in the order of Ld. CIT(Appeals), who after considering the facts of the instant case upheld the action of the Ld. Assessing Officer in rejecting the assessee s book u/s 145 of the Act, but also gave substantial relief to the assessee by estimating the net profit @ 0.22% in the instant set of facts. In the result, the appeal of the assessee is dismissed.

Summary

Issues:
1. Rejection of books of accounts under section 145(3) of the Income Tax Act, 1961.
2. Estimation of net profit @7% of turnover by the Assessing Officer.
3. Reduction of net profit estimation to 0.22% by the CIT(A).
4. Violation of principles of natural justice in the assessment process.
5. Challenge against penalty proceedings under section 271(1)(c) of the Act.

Rejection of Books of Accounts under Section 145(3):
The assessee's appeal for the assessment year 2012-13 was based on the rejection of books of accounts under section 145(3) of the Income Tax Act, 1961. The CIT(A)-3 upheld the rejection of books of accounts but reduced the estimation of net profit from 7% to 0.22% of the total turnover. The CIT(A) observed that the book results were not convincing due to losses in intra-group transactions and lack of proper maintenance of documents like invoices and delivery challans. The CIT(A) found that the AO was correct in invoking section 145 to reject the books of accounts.

Estimation of Net Profit:
The Assessing Officer estimated the net profit at 7% of the turnover, resulting in a significant addition to the income of the assessee. However, the CIT(A) reduced this estimation to 0.22% after considering the facts of the case and the profitability of the assessee in the preceding and succeeding years. This reduction was based on a just and appropriate assessment of the net profit ratio, leading to a substantial relief for the assessee.

Violation of Principles of Natural Justice:
The appellant contended that the order passed by the DCIT, Circle Gandhidham lacked reasonable opportunity for the appellant, as there was no provision for cross-examination or access to statements recorded by the DCIT. The appellant argued that the order was against the principles of natural justice and jurisprudence due to the lack of a fair opportunity to present their case.

Penalty Proceedings under Section 271(1)(c):
The appellant sought the cancellation of penalty proceedings initiated under section 271(1)(c) of the Act. This issue was not extensively discussed in the judgment, but the appellant's request for the cancellation of penalty proceedings was included in the grounds of appeal.

Conclusion:
The ITAT Rajkot bench dismissed the appeal of the assessee, upholding the rejection of books of accounts under section 145(3) and the reduction of net profit estimation to 0.22% by the CIT(A). The judgment relied on previous rulings and considered the profitability of the assessee in determining the appropriate net profit ratio. The decision highlighted the importance of proper documentation and adherence to principles of natural justice in income tax assessments.