2013 (11) TMI 133 - AT - Income Tax

Addition on account of low Net profit ratio Held that - It is well-settled law that merely on the ground of low gross profit ratio, the addition to the assessee s returned income cannot be made - the Assessing Officer merely referred to the discount of 10 percent offered by retailers on the printed price but did not demonstrate as to how that affected the gross profit declared by the assessee. He had not brought on record any comparable case, wherein, the net profit declared by a tax payer in the similar business, was higher, than the one declared by the assesse Following S. N. Namasivayam Chettiar v. CIT 1960 (2) TMI 9 - SUPREME Court - The accounts which are regularly maintained in the course of business should normally be taken as correct - The onus is upon the Revenue to show that either the books of account maintained by the assessee were incorrect or incomplete or that the method of accounting adopted by him was such that true profits of the assessee cannot be deduced therefrom Decided against Revenue.

Summary

Issues:
1. Addition of Rs. 17,48,874 made by the Assessing Officer on account of low net profit ratio.
2. Restoration of the matter back to the Assessing Officer to reexamine the fresh evidence in a holistic manner.

Analysis:
Issue 1:
The case involved an appeal by the Department against the order of the Commissioner of Income-tax (Appeals) regarding the addition of Rs. 17,48,874 made by the Assessing Officer due to a low net profit ratio declared by the assessee. The Assessing Officer finalized the assessment in the absence of books of account, relying on written submissions. The Commissioner of Income-tax (Appeals) deleted the addition, stating that the Assessing Officer estimated the net profit without proper reasons, and the approach was casual and not fact-based. The Commissioner found no grounds for the estimation of net profit at 5 percent of net sales and thus deleted the addition. The Department appealed against this decision.

Issue 2:
The Departmental representative argued that since the assessee did not produce the books of account, the matter should be sent back to the Assessing Officer for a holistic reexamination of the evidence. The counsel for the assessee pointed out that the Assessing Officer did not call for the books of account despite various points raised during the assessment proceedings. The counsel also highlighted the submission of ledger accounts and other details by the assessee, with no defects pointed out by the Assessing Officer. The Tribunal noted the requirement for a rational basis for making additions to the returned income, emphasizing the need for evidence and comparability in such cases. Citing legal precedents, the Tribunal found that the Assessing Officer's failure to call for books of account did not justify extending the limitation. Ultimately, the Tribunal upheld the decision of the Commissioner of Income-tax (Appeals) to delete the addition, as no defects were found in the details furnished by the assessee.

In conclusion, the Tribunal dismissed the Department's appeal, affirming the deletion of the addition made by the Assessing Officer and rejecting the request to send the matter back for reexamination. The judgment emphasized the importance of a rational basis for income additions and the need for proper evidence and comparability in such assessments.