2022 (9) TMI 714 - AT - Income Tax

Best judgment assessments u/s. 144 - NP estimation - quantification of the estimated net profit - AO to estimate net profit @ 5% of gross receipts - assessee was a truck union not having any trucks of its own but which was formed for the purpose of bringing together the various truck owners with an aim to reduce competition and price cutting between them - HELD THAT - Best judgment assessment is quasi judicial in nature and the estimation made by the Assessing Officer has to be based on the principles of natural justice, equity and a good conscience. Thus, in common parlance, the words best judgment assessment would mean making assessment which is without prejudice or bias and which does not smack of arbitrariness on the part of the AO. It is settled law that even while making best judgment assessment, the past history of the assessee is to be duly considered. To this extent, we are agreeable to the contention raised by the Ld. AR. Applying the profit rate of 12% - AO has ignored the past trends and even the Ld. NFAC, although after having duly reproduced the earlier year data, has not considered this aspect. In our considered opinion, the lower authorities would not have ignored the past trends of the assessee. In the case of Shri Gurunanak Truck Operators Union, Sunam 2021 (3) TMI 826 - ITAT CHANDIGARH also held the issue in favour of the assessee by directing that instead of estimated net profit rate of 1.5%, the net profit rate of 1% should be applied. In the present case we note that although the AO has applied the rate of 12% and the Ld. NFAC has reduced it to 5%, no cogent reason has been given for such estimation. The past history/trend of the assessee has not been considered by the lower authorities which makes their orders unsustainable. In our considered view, the application of net profit rate of 2.5% of the gross receipts would meet to the ends of justice in as much as any leakage of revenue would be covered as also the assessee s non production of books of account and vouchers would also be taken care of. Appeal of the assessee is partly allowed.

Summary

Issues Involved:
1. Application of net profit rate on gross receipts.
2. Rejection of books of account under Section 145(3) of the Income Tax Act.
3. Estimation of income under best judgment assessment.
4. Consideration of past history and comparative cases for income estimation.

Detailed Analysis:

1. Application of Net Profit Rate on Gross Receipts:
The primary issue is the application of a net profit rate on the gross receipts of the assessee, a truck union. The Assessing Officer (AO) applied a profit rate of 12% on the gross receipts, which was reduced to 5% by the National Faceless Appeal Centre (NFAC). The assessee contended that the 5% rate was exorbitant, arguing that the truck union had no profit motive and passed on almost all freight receipts to truck owners. The assessee's past net profit percentages were significantly lower, ranging from 1.56% to 2.19%.

2. Rejection of Books of Account under Section 145(3) of the Income Tax Act:
The AO rejected the assessee's books of account under Section 145(3) due to non-production of original vouchers/bills and failure to produce the books of account. The AO proceeded to frame the assessment under Section 144 read with Section 143(3) by applying a profit rate of 12% on gross receipts. The Tribunal acknowledged that the rejection of books of account was justified due to non-compliance by the assessee.

3. Estimation of Income under Best Judgment Assessment:
The Tribunal emphasized that best judgment assessments under Section 144 should be based on principles of natural justice, equity, and good conscience. The AO must act within the four corners of the law and make a fair estimate based on the assessee's past history and comparable cases. The AO's application of a 12% profit rate was deemed arbitrary and not based on past trends or any independent enquiry.

4. Consideration of Past History and Comparative Cases for Income Estimation:
The Tribunal highlighted the importance of considering the assessee's past history when estimating income. The past net profit percentages of the assessee were significantly lower than the rates applied by the AO and NFAC. The Tribunal referred to judicial precedents, including the cases of 'Bhatinda Truck Operator Union vs. ITO' and 'Shri Guru Nanak Truck Operators Union, Sunam vs. ITO,' where the ITAT had reduced the estimated net profit rates based on past history and lack of comparable cases.

Conclusion:
The Tribunal concluded that the lower authorities had ignored the past trends of the assessee. The application of a 12% profit rate by the AO and 5% by the NFAC was not justified. The Tribunal directed that a net profit rate of 2.5% of the gross receipts would meet the ends of justice, considering the assessee's non-production of books of account and vouchers. The appeal of the assessee was partly allowed, and the AO was directed to compute the income by applying a net profit rate of 2.5%.

Order Pronounced:
The order was pronounced in the open Court on 13.09.2022.