2024 (11) TMI 231 - AT - Income Tax

Gross profit estimation on undisclosed turnover - enhancement of assessment by estimating higher amount of gross profit u/s 251(1)(a) - CIT(A) justification in enhancing the gross profit ratio from 8% as estimated by the AO to 25% - HELD THAT - Since the facts lie in a narrow compass, with the able assistance of the learned Departmental Representative on our own, the issues are being delved into. We find that the AO estimated the gross profit @ 8% on unrecorded turnover and such profit rate was enhanced by the CIT(A) to 25% on his own without bringing on record any notice for enhancement as required under section 251(2) of the Act and thus such action is unsustainable and hence quashed to the extent of increase in the rate of gross profit. Accordingly, we uphold the order passed by the AO whereby he has estimated profit @ 8%. Since no other ground except than that of enhancement is taken before us, it is not required to comment on the reasonableness of estimation or any other addition perpetrated by the AO. Thus, all the grounds raised by the assessee are allowed.

Summary

Issues:
1. Enhancement of gross profit ratio by the learned CIT(A) from 8% to 25% without providing rationale.
2. Validity of the assessment order under section 143(3) r/w section 153C of the Act.
3. Applicability of penalty under section 270A for mis-reporting of income.

Analysis:

Issue 1: Enhancement of Gross Profit Ratio
The appeal challenged the enhancement of the gross profit ratio from 8% to 25% by the learned CIT(A) without providing a rationale. The assessee contended that the increase was unjustified. The learned CIT(A) based the decision on the nature of business transactions and the assessee's agreement to offer 4% of total receipts as income from book trading. The ITAT held that the enhancement without proper notice as required under section 251(2) of the Act was unsustainable. The ITAT quashed the increase and upheld the original estimation of profit at 8%, allowing all grounds raised by the assessee.

Issue 2: Assessment Order under Section 143(3) r/w Section 153C
A search and seizure action led to scrutiny assessment under section 153C of the Act. The Assessing Officer added amounts towards unrecorded sales profit and initial capital invested, resulting in a total assessed income of &8377;15,13,660. The assessee appealed, challenging both additions. The learned CIT(A) directed the Assessing Officer to assess gross profit at 25%, leading to an enhancement of the assessment under section 251(1)(a) of the Act. The ITAT found the enhancement unsustainable and upheld the original assessment order.

Issue 3: Penalty under Section 270A
The undisclosed turnover led to the initiation of penalty proceedings under section 270A for mis-reporting of income. The Assessing Officer added an amount as initial capital invested to generate turnover. However, the ITAT focused primarily on the issue of gross profit ratio enhancement and did not delve into the reasonableness of other additions made by the Assessing Officer. As the grounds raised related solely to the enhancement, the ITAT did not comment on other aspects. Ultimately, the appeal was allowed to the extent indicated above.

In conclusion, the ITAT set aside the enhancement of the gross profit ratio from 8% to 25% due to lack of proper notice, thereby upholding the original assessment order. The penalty issue under section 270A was not extensively addressed as the appeal primarily focused on the enhancement aspect.