2014 (3) TMI 107 - AT - Income Tax

Rejection of books of accounts Held that - There was a discrepancy in respect of accounts of two parties i.e., M/s. Soubhik Exports and M/s. PKS Ltd. assessee contended that the discrepancies noticed in respect of these two parties cannot be generalised so as to reject the books of account - The AO caused necessary enquiry and found that all the sundry creditors accounts are in correct position and there is no discrepancy in those accounts - it is appropriate to accept the book result in respect of transactions reflected in the books of account and the AO has to estimate the income only in respect of other two parties - The CIT(A) is justified in holding that the AO has not pointed out any discrepancy in maintenance of accounts with respect of the sale of maize and also accounts submitted in respect of other transactions thus, rejection of books of account is not warranted in the case Decided against Revenue. Deletion of addition of proportionate business expenses Held that - The AO disallowed expenses in the Profit and Loss A/c in proportion to the brokerage received as the books of account of the assessee were rejected and disallowed expenses relating to the brokerage business forming individual part of the Profit and Loss A/c prepared by the assessee - books of account of the assessee cannot be rejected thus, there is no question of disallowance of proportionate business expenses Decided against Revenue. Deletion of addition from undisclosed contract Held that - The assessee not brought anything on record to suggest that M/s. Mulkanoor Cooperative Credit Society itself sold rice to M/s. Emmsons International Ltd. and assessee is only receiving commission on it - In the absence of positive material to suggest that the rice has been sold by Mulkanoor Cooperative Society directly to M/s. Emmsons International Ltd. - the TDS certificate will be considered as genuine and the same has to be taxed as mentioned in the TDS certificate as income of the assessee Decided in favour of Revenue. Disallowance of depreciation on vehicles Held that - The vehicle is in the name of the partner and the vehicle was used for the purpose of business of the assessee and a partnership cannot be said to be separate from partners and the vehicle is in the name of partner and if it has appeared in the Balance Sheet of the assessee, depreciation on that asset is to be allowed Decided against Revenue.

Summary

Issues Involved:
1. Rejection of books of account and estimation of brokerage income.
2. Disallowance of business expenses in proportion to brokerage income.
3. Addition from undisclosed contracts.
4. Disallowance of depreciation on vehicles registered in the name of partners.
5. Taxability of brokerage income from specific parties (M/s. Soubhik Exports Ltd. and M/s. PKS Ltd.).
6. Addition of undisclosed contract income.

Detailed Analysis:

1. Rejection of Books of Account and Estimation of Brokerage Income:
The Assessing Officer (AO) rejected the books of account of the assessee, invoking Section 145 of the IT Act, due to discrepancies in the accounts of two parties, M/s. Soubhik Exports Ltd. and M/s. PKS Ltd. The AO estimated the brokerage income at Rs. 3.15 per quintal. The CIT(A) held that discrepancies limited to two parties do not justify a general rejection of the books of account, especially when no discrepancies were found in other transactions. The Tribunal upheld the CIT(A)'s decision, stating that the rejection of books was unwarranted.

2. Disallowance of Business Expenses in Proportion to Brokerage Income:
The AO disallowed expenses amounting to Rs. 10,46,151 on the basis that the books of account were rejected. The CIT(A) reversed this disallowance as the rejection of books was set aside. The Tribunal agreed, stating that without the rejection of books, the disallowance of proportionate business expenses was not justified.

3. Addition from Undisclosed Contracts:
The AO added Rs. 86,152 as undisclosed contract income. The CIT(A) observed that the assessee admitted to an income of Rs. 38,202 from M/s. Adani Enterprises Ltd., which was not accounted for. The Tribunal confirmed this addition, noting that the assessee had already admitted the liability.

4. Disallowance of Depreciation on Vehicles Registered in the Name of Partners:
The AO disallowed depreciation of Rs. 5,01,453 on vehicles registered in the partners' names. The CIT(A) allowed the depreciation, stating that the vehicles were used exclusively for the business and the firm could claim depreciation even if the vehicles were registered in the partners' names. The Tribunal upheld this view, confirming that the assessee was entitled to depreciation under Section 32 of the Act.

5. Taxability of Brokerage Income from Specific Parties:
The CIT(A) held that brokerage income from M/s. Soubhik Exports Ltd. and M/s. PKS Ltd. should be taxed at Rs. 1.75 per quintal and Rs. 1 per quintal, respectively, based on the assessee's own submissions. The Tribunal confirmed this, noting that the rates adopted by the CIT(A) were based on the assessee's own admission and thus could not be contested.

6. Addition of Undisclosed Contract Income:
The AO added Rs. 47,950 as income based on a TDS certificate issued by M/s. Emmsons International Ltd. The assessee contended that this amount was wrongly credited to their account, as the transaction was actually with Mulkanoor Cooperative Credit Society Ltd. The Tribunal found no evidence to support the assessee's claim and upheld the addition, considering the TDS certificate as genuine.

Conclusion:
The Tribunal partly allowed the Revenue's appeal and dismissed the assessee's cross-objections. The key decisions included upholding the CIT(A)'s rejection of the AO's disallowance of business expenses and depreciation, confirming the addition of undisclosed contract income, and affirming the taxability of brokerage income at the rates admitted by the assessee. The Tribunal emphasized the importance of accurate and complete books of account and the conditions for claiming depreciation under the IT Act.