2015 (5) TMI 184 - AT - Income Tax

Rejection of books of account - estimation of profit - specific defect or deficiency not pointed - Held that - books of account maintained by assessee in regular course of business have to be treated as authentic unless there are strong evidence brought on record to show that entries made in the books of account are not reliable, hence, books of account have to be rejected. We are of the view, before rejecting the books of account AO should not only give adequate opportunity to assessee to explain the entries made therein, but also point out any specific defect or deficiency in the books of account - Matter remanded back - Decided in favour of assessee.

Summary

Issues:
1. Rejection of books of account and estimation of profit at 0.7% by CIT(A).
2. Disallowance of depreciation claim on fixed assets.

Analysis:

Issue 1: Rejection of books of account and estimation of profit at 0.7% by CIT(A)
The case involved cross-appeals against the order passed by the CIT(A) for the Assessment Year 2009-10. The primary contention was the rejection of books of account and the subsequent estimation of profit at 0.7%. The Assessee, engaged in steel trading, initially declared income but faced challenges during assessment due to lack of delivery challans and purchase bill issues. The Assessing Officer (AO) rejected the books of account and estimated profit at 1% on gross sales, resulting in a substantial addition to the income. The CIT(A) upheld the rejection but reduced the profit estimation to 0.7%, leading to appeals from both the Assessee and the Revenue. The Assessee argued that the rejection lacked specific defects and requested an opportunity to substantiate entries. The Revenue contended that the AO's actions were justified due to insufficient evidence provided by the Assessee. The Tribunal emphasized the importance of giving the Assessee a chance to explain entries before rejecting books of account, citing a similar case precedent. Following this principle, the matter was remitted back to the AO for a fresh decision after allowing the Assessee to present necessary evidence.

Issue 2: Disallowance of depreciation claim on fixed assets
Another issue pertained to the disallowance of a depreciation claim on fixed assets, specifically related to a previous assessment year's disallowed depreciation amount. The AO revised the opening Written Down Value (WDV) of computers, leading to a disallowance in the current year. The CIT(A) upheld this disallowance as the Assessee failed to counter the AO's observations. During the hearing, the Assessee did not present specific arguments on this issue. Given the remittance of the profit determination issue back to the AO, the Tribunal decided to remit this depreciation disallowance matter as well for a fresh decision in accordance with the law and after providing the Assessee with a fair hearing.

In conclusion, both the Assessee's and the Revenue's appeals were allowed for statistical purposes, and the matters were remitted back to the AO for fresh determinations after affording the Assessee due opportunities to present their case.