2023 (8) TMI 963 - AT - Income Tax

Rejection of books of accounts - NP determination - HELD THAT - Considering nature of business involved in the assessee s case namely business of repairing and servicing of diesel generators, we deem it fit to adopt the net profit ratio of 9.52% as determined in the previous Assessment Year 2013-14 to be adopted for the present Assessment Year 2014-15. Thus AO is directed to adopt 9.52% as the net profit for the Assessment Year 2014-15. Thus the Grounds raised by the Assessee is hereby allowed.

Summary

Issues Involved:
1. Rejection of books of accounts and estimation of gross profit.
2. Assessment of income from other sources.
3. Rectification of CIT(A)'s order u/s 154.

Summary:

1. Rejection of Books of Accounts and Estimation of Gross Profit:
The Assessee, a Private Limited Company engaged in repairing and servicing power distribution transformers, filed its return for A.Y. 2014-15 declaring total income of Rs. 24,96,784/-. The Assessing Officer (A.O.) noticed discrepancies in the closing stock and issued a show cause notice. The Assessee explained that their business operations are not standard and the nature of jobs varies, making it difficult to maintain detailed inventory records. Despite the explanation, the A.O. rejected the book results u/s 145(3) and applied a net profit rate of 25%, resulting in a business income of Rs. 81,56,030/-.

The CIT(A) upheld the rejection of books of accounts due to non-maintenance of quantitative records but applied an average gross profit rate of 24.52% based on past years, resulting in an addition of Rs. 54,70,708/- to the returned income.

The Tribunal found that the A.O. had not made any further inquiries or verifications and noted that the Assessee's nature of business involves variable turnover and fixed overheads. The Tribunal referred to various judicial precedents and concluded that not maintaining a day-to-day stock register was not a sufficient ground for rejection of books. It directed the A.O. to adopt the net profit ratio of 9.52% as determined in the previous year, thereby allowing the Assessee's appeal.

2. Assessment of Income from Other Sources:
The A.O. had separately added Rs. 48,57,180/- as income from other sources, which included interest on Fixed Deposits (FDs). The Assessee argued that the interest income should be treated as business income as the FDs were maintained for business purposes such as availing bank guarantees and covering future warranty claims. The CIT(A) disagreed, stating that the FDs were prepared out of surplus funds and not for business purposes. However, since the gross profit rate was applied, no further addition on account of income from other sources was required.

3. Rectification of CIT(A)'s Order u/s 154:
The Assessee also appealed against the rectification order by CIT(A) u/s 154, which enhanced the income by Rs. 60,50,269/-. The Tribunal found this appeal to be infructuous as the main order directed the A.O. to compute the net profit at 9.52% of the turnover, making separate adjudication unnecessary. Thus, the appeal was dismissed.

Conclusion:
The Tribunal partly allowed the Assessee's appeal regarding the rejection of books of accounts and estimation of gross profit, directing the A.O. to adopt a net profit ratio of 9.52%. The appeal against the rectification order u/s 154 was dismissed as infructuous.