2014 (1) TMI 1311 - AT - Income Tax

Rejection of books of accounts Error in applying the Net Profit rate Held that - There were certain discrepancies in the receipts disclosed in the return of income and the TDS certificate - The assessee had submitted various vouchers - These vouchers are not numbered however, narration at the back of these cash vouchers show that the assessee was making the payment to the labourers on various dates after calculation of their work hours and converting them to the days by dividing the same with 8 hours. The CIT (A) has not distinguished the assessee s case with these comparable with cogent reasons - the comparables must have some bearing on the estimate of gross profit - The assessee is providing labour at mandies for marking, storaging, loading and unloading, cartage of agricultural produces which requires some skill to perform that work - assessee need not to employ regular employees as the season is only for 30 - 35 days - Making and storaging require little bit of specialization, therefore, the wage rates paid above the minimum wage or wages in MANREGA Scheme were justified - the loading and unloading in cartage work in agricultural produce in the mandis is also a tedious work thus, any adverse inference cannot be drawn with regard to wage rate for 8 hours thus, it will be appropriate to estimate the net profit at 2% of the gross receipts after allowing interest and remuneration to the partners Decided partly in favour of Assessee.

Summary

Issues:
Assessment of gross profit rate, rejection of books of accounts, compliance with EPF Act, wage rates justification, estimation of net profit.

Assessment of Gross Profit Rate:
The appeal involved an assessment of the gross profit rate by the Assessing Officer and subsequent reduction by the CIT (A). The Assessing Officer estimated the gross profit at 8% of total receipts, which was reduced to 4% by the CIT (A). The appellant contested this reduction, arguing that there was no basis for the 4% rate and that the books of account were audited and should be accepted. The appellant provided comparable cases to support their position. The Tribunal considered these comparables and the nature of the appellant's work, ultimately estimating the net profit at 2% of gross receipts after considering various factors.

Rejection of Books of Accounts:
The Assessing Officer had rejected the books of accounts due to discrepancies in TDS claims, lack of proper record maintenance, and estimation of gross profit. The appellant argued that the rejection was unjustified as the books were audited and no specific defects were pointed out. The Tribunal examined the evidence, including vouchers and auditor reports, finding that the rejection was not warranted based on the lack of evidence proving the accounts were unreliable.

Compliance with EPF Act:
The Department argued that the appellant violated EPF Act provisions by not treating the workers as regular employees and paying wages higher than standard rates. The appellant defended their practices, stating that EPF Act did not apply to them, and the wage rates were justified based on the nature of the work performed. The Tribunal considered these arguments and upheld the appellant's position on the EPF Act compliance and wage rates justification.

Wage Rates Justification:
The Department raised concerns about the wage rates paid by the appellant, alleging they were excessive compared to government schemes. The appellant justified the wage rates based on the specialized nature of the work performed and the skills required. The Tribunal agreed with the appellant, considering the specialized nature of the work and the temporary employment period, concluding that the wage rates were justified.

Estimation of Net Profit:
After considering all arguments and evidence presented, the Tribunal decided to estimate the net profit at 2% of the gross receipts, taking into account the nature of the work, comparable cases, and other relevant factors. The Tribunal partially allowed the appeal based on this estimation and the overall assessment of the case.

In conclusion, the Tribunal's judgment addressed various issues related to the assessment of gross profit rate, rejection of books of accounts, compliance with EPF Act, justification of wage rates, and the estimation of net profit, providing a detailed analysis of each aspect before making a final decision on the appeal.