2012 (9) TMI 323 - AT - Income Tax

Best judgement assessment - rejection of books of accounts - trading addition made on ground of decrease in G.P. rate - cash payments made on account of purchase - self made vouchers maintained - purchase not fully verifiable as no stock register was maintained - Held that - In view of facts, rejection of books of account were justified since certained purchases remain unverifiable. However, trading addition at Rs.1,79,919/- is on higher side. It is seen that AO has not asked the reason for decline in GP rate. Further, making payment in cash does not attract any trading addition if it is not found that purchases are inflated. It was explained before CIT(A) that turnover was pursistently decreasing & there was a stiff competion in the market as market was flooded with the cheap Chinese furniture, therefore, turnover as well as profit was on decreasing side. It is further seen that though assessee has made purchases from few parties in cash however Vat was paid and bills were received & payments has also been made by cheque. Explanation of the assessee can not be rejected in totto. In view of aforesaid and decreasing trend of the profit, trading addition of Rs.40,000/- is sustained that will meet the end of justice - Decided partly in favor of assessee

Summary

Issues:
1. Invocation of section 145(3) and confirmation of the gross profit rate.
2. Rejection of books of accounts due to cash payments and self-made vouchers.
3. Failure to produce parties from whom cash purchases were made.
4. Non-maintenance of stock register.

Analysis:
1. The appellant, a private limited company trading in furniture items, appealed against the invocation of section 145(3) and the confirmation of the gross profit rate by the Assessing Officer (AO). The AO rejected the books of accounts citing a decrease in the gross profit rate, cash payments for purchases, and lack of a stock register. The appellant argued that the decrease in gross profit was due to market competition with Chinese furniture imports, necessitating a reduction in profit margins. Citing relevant case law, the appellant contended that the gross profit decrease was justifiable and section 145(3) could not be applied solely based on this. Additionally, the appellant provided details of payments made through cheques and cash to support the purchases, refuting the AO's claim of all-cash payments.

2. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the AO's decision, noting the appellant's failure to produce parties from whom cash purchases were made and the absence of a stock register. The CIT(A) sustained the addition based on the decreased gross profit and lack of satisfactory explanations from the appellant. However, during the appeal, the appellant reiterated its arguments, emphasizing the market competition and providing evidence of payments made through cheques and cash. The appellant's submissions highlighted the persistent decrease in turnover and profit due to market conditions.

3. Upon review, the Appellate Tribunal found the rejection of books justified due to unverifiable purchases but deemed the trading addition excessive. Considering the appellant's explanations, including the market competition and evidence of payments, the Tribunal confirmed a reduced trading addition of Rs.40,000 out of the total Rs.1,79,919. The Tribunal acknowledged the challenges faced by the appellant in the competitive market and the mix of cheque and cash payments made for purchases. Ultimately, the Tribunal allowed the appeal in part, reflecting a balanced approach in considering the facts and circumstances of the case.

In conclusion, the Tribunal's decision balanced the concerns raised by the appellant regarding market conditions and payment methods with the need for accurate accounting practices. The judgment highlights the importance of providing detailed explanations and evidence to support financial transactions and challenges faced in the business environment.