2013 (3) TMI 371 - AT - Income Tax

Unexplained profit on transactions outside the books of account - Held that - The assessee did not produce even trading and profit and loss account etc. after being given various opportunities. Seized documents clearly show that sales and some expenditure was carried out which was not shown in books. The Assessing Officer was totally justified in estimating the profit. The profit is approximately 10% of undisclosed sales of Rs. 6,10,450/- and seems to be reasonable and accordingly we confirm the addition on account of estimated profit towards undisclosed sales. Unexplained investments - Held that - As far as estimate for investment on such undisclosed sales is concerned, the assessee was already running a brick kiln and investments have already been made. No material was found to show the additional investments and accordingly the addition of Rs. 25,000/- on account of additional investments for conducting undisclosed sales is to be deleted.

Summary

Issues Involved:
1. Addition of unexplained profit on transactions outside the books of account.
2. Alleged unexplained investments for the transactions outside the books of account.
3. Consideration of incriminating nature of documents during search and seizure operation.
4. Estimation of profit and investments by the Assessing Officer.
5. Confirmation of additions by the ld. CIT(A).
6. Arguments presented by the assessee and the revenue.
7. Revision of estimated profit and investments by the Tribunal.
8. Withdrawal and dismissal of one of the appeals.

Analysis:

Issue 1 & 2 - Addition of Unexplained Profit and Investments:
The Assessing Officer made additions on account of unexplained profit and investments on transactions outside the books of account based on incriminating documents found during a search. The ld. CIT(A) upheld these additions. The Tribunal noted that the assessee failed to produce relevant documents despite opportunities. The Tribunal agreed with the Assessing Officer's estimation of profit but disagreed with the addition for investments. The Tribunal confirmed the addition of profit but deleted the addition for investments as no additional investments were substantiated.

Issue 3 - Incriminating Nature of Documents:
The Tribunal considered the argument regarding the incriminating nature of documents found during the search and seizure operation. While the Special Bench judgment was cited, the Tribunal found that despite the absence of specific incriminating documents, the overall circumstances justified the estimation of profit on undisclosed sales.

Issue 4 - Estimation of Profit and Investments:
The Tribunal revised the estimated profit on undisclosed sales to a lower amount based on a comparison with similar circumstances in a previous assessment year. The Tribunal directed the Assessing Officer to make a reduced addition for estimated profit against undisclosed sales. Additionally, the Tribunal agreed with the assessee's contention regarding the lack of evidence for additional investments and hence deleted the addition made for investments.

Issue 5 - Confirmation of Additions by ld. CIT(A):
The ld. CIT(A) confirmed the additions made by the Assessing Officer based on the incriminating documents found during the search. The Tribunal reviewed the submissions and evidence presented by both parties and made its own determination regarding the estimated profit and investments, partially allowing the appeals.

Issue 6 - Arguments Presented:
The assessee argued that the profit was estimated on the higher side and pointed out the profit estimation in a previous year for comparison. The revenue, represented by the ld. DR, supported the Assessing Officer's order and the ld. CIT(A)'s decision.

Issue 7 - Tribunal's Revision of Estimated Profit and Investments:
The Tribunal revised the estimated profit downwards based on a more reasonable assessment and deleted the addition for investments due to lack of supporting evidence. The Tribunal emphasized the availability of the earlier year's profit on undisclosed sales for consideration.

Issue 8 - Withdrawal and Dismissal of Appeal:
One of the appeals was withdrawn by the assessee, with no objection from the revenue, leading to its dismissal. The other appeals were partly allowed and dismissed based on the Tribunal's decisions regarding the estimated profit and investments.

This comprehensive analysis covers the various issues involved in the judgment, detailing the arguments, decisions, and revisions made by the Tribunal in response to the appeals.