2009 (11) TMI 256 - HC - Income Tax

Rejection of accounts- assessee is an automobile dealer and obviously registered under the KGST Act the assessee maintained the stand for several years that it is not in the habit of keeping books of account. Income tax return filed on estimation basis. The Assessing officer adopted the turnover fixed for the year 1988-89 at Rs. 16 lakhs which become final as the basis for completion of assessments. He made a progressive addition to the turnover at the rate of 2 lakhs each for every year and estimate the income at 8 percent of the turnover. The Commissioner (Appeals) reduced the addition from Rs.2 lakhs to Rs. 1 lakhs for every year. Tribunal fixed the turnover at Rs. 15 for all the years. Held that- order of Tribunal is justified.

Summary

Issues: Assessment based on estimation basis, absence of maintained books of account, turnover estimation, justification for interference with Tribunal's order, reliance on sales tax verification books.

Assessment based on estimation basis:
The judgment addresses the issue of assessment based on estimation basis for the assessment years 1994-95 to 1997-98. The court notes that the appellant, an automobile dealer registered under the KGST Act, did not maintain books of account and filed income-tax returns on an estimation basis. The court emphasizes that in the absence of maintained books of account, the Assessing Officer has the authority to estimate income under section 144 of the Income-tax Act. The court criticizes the Assessing Officer for adopting a fixed turnover from a previous year as the basis for assessments and making progressive additions without proper inquiry. Despite the appellant's argument regarding the viability of their business due to changes in the automobile industry, the court upholds the Tribunal's decision, stating that without maintained books of account, the appellant's claims lack merit.

Absence of maintained books of account:
The judgment highlights the crucial aspect of the appellant not maintaining books of account despite being a dealer under the KGST Act. The court emphasizes the importance of maintaining books of account for businesses dealing with goods brought from outside the state for sale. The court expresses surprise at the appellant's failure to maintain proper records, especially in the context of challenging assessment based on estimation. The court concludes that it is virtually impossible for a dealer under the KGST Act to operate without registration and proper books of account, and therefore, rejects the appellant's appeal.

Turnover estimation:
Regarding the turnover estimation, the court criticizes the Assessing Officer for using a fixed turnover from a previous year as the basis for assessments without proper investigation. The court notes that the Tribunal reduced the additions made by the Assessing Officer but ultimately fixed the turnover at a lower amount compared to the previous year. Despite the appellant's arguments about a decline in turnover due to industry changes, the court maintains that without maintained books of account, the appellant's contentions cannot be substantiated.

Justification for interference with Tribunal's order:
The judgment discusses the appellant's challenge to the Tribunal's order and the justification for interference. The court rejects the appellant's arguments, emphasizing that the Tribunal showed leniency in fixing the turnover and that the appellant's failure to maintain books of account weakens their position. The court concludes that there is no valid reason to interfere with the Tribunal's decision based on the facts presented.

Reliance on sales tax verification books:
Lastly, the judgment addresses the appellant's claim regarding reliance on sales tax verification books. The court dismisses this argument, stating that the accounts maintained for sales tax purposes are the same as those required for income tax assessments. Since the appellant admitted to not maintaining proper books of account, the court rejects the appellant's assertion that sales tax verification records should have been considered, further solidifying the decision to uphold the Tribunal's order.