2024 (10) TMI 864 - AT - Income Tax

Rejection of books of accounts - Estimation of Net profit - HELD THAT - We noticed that the reasons cited by the AO for rejecting the books of accounts are not applicable to the assessee, since it is stated that the assessee is accounting for various expenses directly from out of job sheets, i.e., according to Ld A.R, those subsidiary registers are not maintained by the assessee. Hence it appears that the AO has misdirected himself in making certain observations, which are not applicable to the facts of the present case. Accordingly, we are of the view that there was no valid reason for the AO in rejecting the book results. Referring to comparative chart for five years we notice that the gross profit rate has actually improved in this year vis- -vis the immediately preceding year. As rightly pointed out by Ld A.R, there was sharp fall in the Duty draw back and export incentives in this year and the same is the main reason for the fall in the net profit ratio. Hence, we are of the view that, in the facts and circumstances of the case, there is no reason to estimate the profit of the year. Accordingly, we set aside the order passed by Ld CIT(A) and direct the AO to accept the book results, i.e., the addition made by the AO should be deleted. Appeal filed by the assessee is allowed.

Summary

Issues: Rejection of books of account, estimation of profits.

Rejection of books of account: The Assessing Officer (AO) rejected the books of account of the assessee company engaged in manufacturing and export of handmade carpets for the year 2016-17 due to discrepancies in maintaining certain registers like Wavers Register, Washing Register, Finishing Register, and Clipping Register. The AO also noted that the postal addresses of laborers were missing and there was no stock register for each quality. Consequently, the AO estimated the net profit at 5% of turnover, resulting in a significant addition to the income. The Commissioner of Income Tax (Appeals) upheld the AO's decision. However, the assessee contended that expenses were accounted for directly from job sheets, and the observations made by the AO were not relevant. The Income Tax Appellate Tribunal (ITAT) found that the reasons cited by the AO for rejecting the books of accounts were not applicable to the assessee, as expenses were recorded directly from job sheets, and thus, the rejection was unjustified.

Estimation of profits: The AO estimated the net profit at 5% of turnover due to a perceived decline in net profit percentage compared to the previous year. However, the assessee presented a comparative chart showing an improvement in gross profit rate for the year in question. The significant reduction in duty drawback and export incentives in the current year was identified as the primary reason for the decrease in net profit ratio. The ITAT concluded that there was no valid reason to estimate the profit for the year based on the available facts and circumstances. Consequently, the ITAT set aside the CIT(A)'s order and directed the AO to accept the book results, leading to the deletion of the addition made by the AO. Ultimately, the appeal filed by the assessee was allowed, and the decision was pronounced on 15/10/2024.