2014 (6) TMI 216 - AT - Income Tax

Estimation of income from business Rejection of books of accounts Unverifiable expenses - Held that - Revenue rightly contended that there were specific material defects pointed out by the AO in the books of account maintained by the assessee and keeping in view the same - CIT(A) was fully justified in rejecting the books of account the basis adopted by the CIT(A) to determine the net profit rate be applied in the case of assessee to estimate the business income was quite fair and reasonable also, very fair view was taken by the CIT(A) to restrict the disallowance made by AO on account of unverifiable expenses keeping in view the remand report submitted by the AO after verification of the expenses claimed by the assessee thus, there is no infirmity in the order of the CIT(A) on the issue of estimation of assessee s income by applying net profit rate of 8% - Decided against Assessee.

Summary

Issues: Estimation of assessee's income from business

Analysis:

1. Estimation of Income:
The appeal was filed against the order of the ld. CIT(A)-26, Mumbai, regarding the estimation of the assessee's income from business. The AO found several defects in the books of accounts maintained by the assessee, such as the lack of a register for material purchases, unsupported cash expenses, debiting salary entirely in one month, claiming prior period expenses, and debiting the purchase account for goods not yet received. The AO invoked section 145(3) of the Income Tax Act, 1961, and estimated the total sales at Rs. 3,60,00,000, making an addition of Rs. 56,47,869 to the total income declared by the assessee.

2. CIT(A) Decision:
The CIT(A) agreed that the estimation of sales by the AO without any basis was unjustified. However, the CIT(A) upheld the rejection of the books of account due to material defects and decided to apply an 8% net profit rate to the sales declared by the assessee. The CIT(A) considered the average profit rate of the assessee in subsequent and earlier years to arrive at this figure. Additionally, the CIT(A) sought a remand report on the disallowed expenses and reduced the disallowance from Rs. 5 lakhs to Rs. 38,665 based on the report. The assessee, still dissatisfied, appealed to the Tribunal.

3. Tribunal's Decision:
The Tribunal found the rejection of books of account justified due to specific material defects identified by the AO. The Tribunal upheld the CIT(A)'s decision to apply an 8% net profit rate to estimate the business income, considering it fair and reasonable based on the assessee's profit rates in different years. The Tribunal also agreed with the reduced disallowance of expenses made by the CIT(A) after verifying the expenses. The Tribunal noted that the CIT(A) had already provided substantial relief to the assessee by deleting the addition made by the AO based on higher sales estimation. As no appeal was filed by the revenue disputing this relief, the Tribunal found no reason to interfere with the CIT(A)'s order and dismissed the assessee's appeal.

In conclusion, the Tribunal upheld the CIT(A)'s decision on the estimation of the assessee's income, the application of an 8% net profit rate, and the reduced disallowance of expenses, ultimately dismissing the appeal of the assessee.