2012 (11) TMI 662 - AT - Income Tax

Addition on account of alleged sundry creditors u/s. 41(1) of the Act - cessation of liability Held that - matter requires reconsideration at the level of the learned CIT(A). The AO made protective assessment by following the order for assessment year 2003-04 in which the Tribunal has restored the matter to the file of the learned CIT(A) for reconsideration. According to the learned Counsel for the assessee the matter is still pending before the learned CIT(A) for his consideration. Addition of gross profit at 7.43%. Revenue challenged the order of the learned CIT(A) in restricting the addition made by the AO on account of low gross profit from 15% to 7.43%. - held that - The assessee has not challenged the rejection of the book results u/s 145(3) of the IT Act. - considering the history of the assessee we are of the view the learned CIT(A) rightly and reasonably applied the gross profit rate of 7.43% for computing business income of the assessee.

Summary

Issues:
1. Addition of alleged sundry creditors u/s. 41(1) of the Act.
2. Addition of cash creditors.
3. Rejection of book results under section 145(3) of the IT Act and estimation of profit.

Analysis:
1. Addition of alleged sundry creditors u/s. 41(1) of the Act:
- The Assessing Officer (AO) made additions based on non-compliance with filing details of sundry creditors and debts being old and barred by limitation.
- Similar addition was made in the previous assessment year, which was set aside for reconsideration by the Tribunal.
- The Tribunal directed the matter to be restored to the file of the Commissioner of Income Tax (Appeals) for re-decision, providing the assessee with a reasonable opportunity to be heard.
- The order of the Commissioner of Income Tax (Appeals) was set aside, and the matter was restored for reconsideration.

2. Addition of cash creditors:
- The AO made additions on account of cash creditors, similar to the treatment of sundry creditors, based on the previous year's assessment and Tribunal's decision.
- The Tribunal set aside the order of the Commissioner of Income Tax (Appeals) and directed the issue to be reconsidered with a reasonable opportunity for the assessee to present their case.

3. Rejection of book results and estimation of profit:
- The AO rejected the book results under section 145(3) of the IT Act due to discrepancies in accounts and lack of proper records.
- The AO estimated profit by applying a higher profit rate, leading to an addition to the assessee's income.
- The Commissioner of Income Tax (Appeals) confirmed the rejection of book results but reduced the profit rate based on the previous year's rate.
- The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) in applying a lower profit rate, considering the history of the assessee's turnover and income.
- The appeals related to the rejection of book results and profit estimation were dismissed, as the Tribunal found the decision of the Commissioner of Income Tax (Appeals) to be reasonable.

In conclusion, the Tribunal allowed the appeals of the assessee for statistical purposes, partly allowed one appeal, and dismissed the departmental appeal. The matters were remanded back to the Commissioner of Income Tax (Appeals) for reconsideration based on the Tribunal's directions, ensuring a fair opportunity for the assessee to present their case.