2013 (3) TMI 514 - HC - Income Tax

Application of gross profit rate - 20% or 19.72% on the correspondingly enhanced sales - Held that - As Tribunal in its order found that the gross profit rate of 19.72% was applied for the assessment year 1985-86 and 1986-87 as well. It was found that such gross profit rate applied for the year 1985-86 was affirmed by the CIT (Appeals), though the appeal was pending before the Tribunal. The question whether 20% or 19.72% gross profit rate should be applied, is the question of fact. Tribunal has applied gross profit rate of 19.72% as such rates were applied in the earlier years of assessment. No question of law arises for consideration by this Court.

Summary

Issues:
1. Interpretation of Section 145(2) of the Income Tax Act, 1961
2. Application of gross profit rate in assessment years
3. Judicial review of Tribunal's decision

Interpretation of Section 145(2) of the Income Tax Act, 1961:
The Revenue filed a petition under Section 256(2) of the Income Tax Act, 1961, questioning the Tribunal's decision regarding the application of Section 145(2) in relation to the assessment year 1987-88. The dispute centered around the addition of Rs. 1,59,000/- as opposed to Rs. 1,84,642/- made by the Assessing Officer. The Commissioner of Income Tax (Appeals) initially upheld the additions, but the Tribunal, in its order, noted the consistent application of a gross profit rate of 19.72% in previous assessment years. The Tribunal's decision was based on factual assessments, leading the High Court to conclude that no substantial question of law arose for consideration.

Application of gross profit rate in assessment years:
The crux of the matter revolved around the appropriate gross profit rate to be applied in the assessment year 1987-88. The Assessing Officer initially applied a 20% gross profit rate, resulting in additions to the Trading Account. The Commissioner of Income Tax (Appeals) upheld these additions. However, the Tribunal's scrutiny revealed that a consistent gross profit rate of 19.72% had been applied in preceding assessment years. The Tribunal's decision to maintain this rate was based on factual findings, considering the rates applied in earlier years. Consequently, the High Court found no legal question warranting its consideration.

Judicial review of Tribunal's decision:
The High Court, comprising Hemant Gupta and Ritu Bahri, JJ., dismissed the Revenue's petition after analyzing the Tribunal's decision in detail. The Tribunal's reliance on the historical application of a 19.72% gross profit rate in similar assessment years was deemed a factual determination. As such, the Court concluded that there was no legal issue necessitating its intervention. The decision underscores the significance of factual assessments in tax matters and the limited scope of judicial review in such cases.

In conclusion, the High Court's judgment in this case highlights the importance of consistent application of factual assessments in determining tax liabilities. The Tribunal's decision to maintain a specific gross profit rate based on historical practices was upheld, emphasizing the factual nature of such determinations. The judgment serves as a reminder of the limited scope of judicial review in tax matters, particularly when factual assessments are involved.