2013 (12) TMI 253 - HC - Income Tax

Unexplained credit entries - Held that - The deposits as well as withdrawals of contract receipts have not been properly reflected in the books of accounts and as such no reliance can be placed on this bank account - The CIT(A) was fully justified in deleting the addition of Rs.1,98,298/- made by the A.O. - Decided against Revenue. Estimation of income - Rejection of books - Held that - Account books once rejected, are ruled out of consideration and cannot be pressed into service whether by the assessee or the revenue - When account books are rejected, it would follow, as a necessary corrolary, that entries in the account books whether suspicious or not cannot be relied by the revenue or the assessee - The income has been estimated at 10% gross profit rate - Decided in favour of assessee.

Summary

Issues:
1. Whether an Assessing Officer can make additions on account of unexplained entries after rejecting account books under Section 68 of the Income Tax Act?

Analysis:

The High Court judgment involved an appeal filed by the revenue challenging an order passed by the Income Tax Appellate Tribunal (ITAT) affirming the decision of the Commissioner of Income Tax (Appeals) regarding the addition of Rs.1,98,298/- to the income of the assessee under Section 68 of the Income Tax Act. The primary issue revolved around whether an Assessing Officer can make further additions after rejecting account books. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) and dismissed the revenue's appeal while accepting the cross-objections filed by the assessee.

The Tribunal held that once account books are rejected in their entirety, entries in the books cannot be relied upon for making additions to income. The gross profit rate applied by the Assessing Officer was restored to 10% by the Tribunal. The revenue contended that Section 68 of the Act allows for additions even after rejecting account books if unexplained entries are found. However, the assessee argued that Section 68 applies when account books are not rejected and no credible explanation is provided for suspicious entries.

The High Court concurred with the Tribunal's findings, emphasizing that once account books are rejected, entries in those books cannot be considered for making additions, as it would render the rejection of account books meaningless. The Assessing Officer's addition of Rs.1,98,298/- based on suspicious entries was deemed invalid as the account books were rejected entirely. The Court clarified that Section 68 does not apply when account books have been rejected, supporting the assessee's position.

Ultimately, the High Court upheld the Tribunal's decision, ruling against the revenue and in favor of the assessee. The appeal was dismissed, affirming that no additions could be made on the basis of unexplained entries in rejected account books under Section 68 of the Income Tax Act.