2005 (12) TMI 57 - HC - Income Tax

Rejection of Accounts - (i) Whether Tribunal s finding that in the case of surveys the method of assessment shall be estimation of profit as per the past history and addition over and above the amount surrendered is justifiable and correct in law? (ii) Whether Tribunal was justified in not taking into consideration the various reasons for deletion of addition given by the Commissioner of Income-tax (Appeals) ignoring the facts that the appellant deals with different types of qualities, quantities, sizes and old and new type of bardana as per its own decision of earlier years and restoring the addition is perverse? (iii) Whether Tribunal was justified in finding that the estimation is justifiable because the books of account have been rejected which is against the fact as there is no rejection of books of account or book results? (iv) Whether Tribunal was justified in reversing the decision of the Commissioner of Income-tax (Appeals) and restoring the addition? said findings are pure findings of fact and do not give rise to any question of law, much less a substantial question of law - appeal dismissed

Summary

Issues:
1. Estimation of profit method in case of surveys
2. Justification of not considering reasons for deletion of addition
3. Rejection of books of account and restoration of addition
4. Reversal of decision by Tribunal on restoring addition made by assessing authority

Estimation of profit method in case of surveys:
The appellant-assessee challenged the Tribunal's finding that in the case of surveys, the method of assessment should involve estimation of profit based on past history and addition over the surrendered amount. The appellant's counsel did not press this issue, and the appeal was confined to other questions. The Tribunal justified its decision based on relevant material and deemed the estimate appropriate, leading to the dismissal of this issue.

Justification of not considering reasons for deletion of addition:
The Tribunal was questioned for not considering the reasons for deletion of the addition as given by the Commissioner of Income-tax (Appeals). The Commissioner justified the rejection of the books of account but explained the fall in gross profit rate due to increased turnover. The Tribunal, however, restored the addition based on various factors including non-maintenance of stock register and manufacturing account. The Tribunal's decision was upheld as it considered multiple grounds for restoration.

Rejection of books of account and restoration of addition:
The Tribunal reversed the decision of the Commissioner of Income-tax (Appeals) and restored the addition made by the assessing authority. The Tribunal based its decision on factors like non-maintenance of stock register, undervaluation of closing stock, and the surrender of income during the survey. The Tribunal found the fall in gross profit rate unexplained and upheld the Assessing Officer's estimation of profits, leading to the dismissal of this issue.

Reversal of decision by Tribunal on restoring addition made by assessing authority:
The Tribunal's decision to restore the addition made by the assessing authority was challenged by the appellant's counsel. The Tribunal considered various factors including the surrender of income, non-maintenance of stock register, and undervaluation of closing stock. The Tribunal's decision was upheld as it provided a clear rationale for restoring the addition, leading to the dismissal of this issue.

In conclusion, the High Court dismissed the appeal as it found the Tribunal's decisions based on factual findings and not giving rise to any substantial question of law. The Court upheld the Tribunal's restoration of the addition and declined to entertain the appeal, resulting in its dismissal.