2014 (6) TMI 8 - AT - Income Tax

Rejection of books of accounts - Nature of assessee Professional or contractor Held that - Income of the assessee has been estimated in a very arbitrary manner - There is nothing placed on record to justify the estimate of income at 60% of the gross receipts of the assessee - when and if estimate has to be arrived at then the estimate necessarily has to be an honest estimate which may be based either on past accepted history of the assessee or on a comparison made with identically situated persons engaged in similar activity - In the absence of relying on relevant material the action of department is open to criticism on the count of being arbitrary and capricious for the rejection of books of accounts CIT(A) held that the vouchers are self-vouched as such not reliable as opposed to the AO s finding that supporting vouchers have not been produced - In the face of the contradiction in the orders available on record and considering the rival stands, the matter is required to be remitted back to the AO for fresh adjudication Decided in favour of Assessee.

Summary

Issues:
1. Assessment of the appellant as a professional vs. contractor.
2. Rejection of books of accounts by the assessing officer.
3. Application of a high net profit rate by the assessing officer.
4. Condonation of delay in filing the appeal.

Issue 1: Assessment as Professional vs. Contractor
The appellant contested the assessment by the CIT(A) which classified them as a professional instead of a contractor. The AO observed that the appellant, a trained sea diver, worked for Global Offshore International Ltd. The appellant argued that they were a contractor, not a professional, citing an agreement with the company. The AO, however, concluded that the nature of services provided by the appellant fell under professional receipts due to their technical expertise as a diver. The AO made additions to the income based on this classification.

Issue 2: Rejection of Books of Accounts
The AO rejected the appellant's books of accounts under section 145(3) as complete records with supporting bills and vouchers were not produced. The AO estimated expenses for providing professional services due to the lack of complete documentation. Consequently, the AO added a significant amount to the total income of the appellant based on the estimation of expenses and gross receipts.

Issue 3: Application of High Net Profit Rate
The AO applied a net profit rate of 60% to the gross receipts of the appellant, leading to a substantial addition to the income. The appellant argued that this estimation was arbitrary and lacked justification. The Tribunal found the estimation to be arbitrary and criticized the lack of supporting material or comparisons with similar cases to justify the 60% rate. The Tribunal set aside the order and directed a reassessment by the AO.

Issue 4: Condonation of Delay
The appellant sought condonation of a 14-day delay in filing the appeal, citing the appellant's critical illness as the reason for the delay. The Tribunal, after considering the explanations and supporting documents, accepted the appellant's reasons and condoned the delay.

This detailed analysis of the judgment highlights the key issues involved in the appeal before the Appellate Tribunal ITAT DELHI, providing insights into the arguments presented by the parties and the Tribunal's decision on each issue.