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2016 (10) TMI 889 - AT - Income TaxRejection of books of account - addition on low GP ratio - Held that - The undisputed fact is that the only reason for lower GP by ₹ 10,10,213/- was due to overstated closing work in progress in FY 2007-08 i.e. Asst. year 2008-09 due to wrong estimate taken by the assessee. We are of the view that purpose of assessment is to assess the correct income of the assessee for the year. If there is a mistake in the preceding year then that needs to be corrected. One cannot take a plea to take a set off of excess income shown in the preceding year against the income in the current year. Further if we calculate GP for this year by correctly taking working in progress as reduced by ₹ 10,10,213/- then we will be able to reach to the correct GP and the resultant figure is what the ld. CIT(A) has sustained. Therefore, we are of the view that ld. CIT(A) has rightly sustained this amount of ₹ 10,10,213/- as the assessee was having all possible ways to rectify its mistake in the preceding FY by revising the return, correcting the financial statement and getting it duly certified by the auditors. We, therefore find no reason to interfere with the order of ld. CIT(A). We uphold the same. The grounds raised by the assessee are dismissed.
Issues:
1. Rejection of books of accounts under section 145(3) of the Income Tax Act. 2. Addition of amount on account of low Gross Profit (GP) ratio. 3. Appeal against the decision of the Commissioner of Income Tax (Appeals). Issue 1: Rejection of books of accounts under section 145(3) of the Income Tax Act: The case involved an appeal by the Assessee against the order of the ld.CIT(A) regarding the rejection of books of account under section 145(3) of the Income Tax Act. The Assessee, a partnership firm engaged in construction, claimed a decrease in GP rate due to a mistake in the previous financial year's closing stock valuation. The Assessing Officer rejected this explanation, estimating the fall in GP and adding it to the income. The ld. CIT(A) supported this action, emphasizing that the correction of mistakes should have been done in the previous year itself. The Tribunal upheld the ld. CIT(A)'s decision, stating that the purpose of assessment is to determine the correct income for the year, and the Assessee had the opportunity to rectify the mistake in the preceding year. Therefore, the Tribunal dismissed the appeal regarding the rejection of books of accounts under section 145(3) of the Act. Issue 2: Addition of amount on account of low Gross Profit (GP) ratio: The Assessee's appeal also contested the addition made on account of a low GP ratio. The Assessee argued that the decrease in GP was due to a mistake in the previous year's closing work in progress valuation. The ld. CIT(A) sustained the addition, stating that the Assessee could not change the method of valuation to reduce income conveniently. The Tribunal agreed with the ld. CIT(A), emphasizing that the Assessee should have rectified the mistake in the preceding year. The Tribunal upheld the addition of the specific amount of the underestimation of profit, dismissing the Assessee's appeal against the addition on account of the low GP ratio. Issue 3: Appeal against the decision of the Commissioner of Income Tax (Appeals): The Assessee raised grounds of appeal against the decisions of the Commissioner of Income Tax (Appeals). The Tribunal considered the arguments presented by both parties, including the Assessee's claim of a mistake in the previous year affecting the current year's GP ratio. The Tribunal analyzed the facts and circumstances, concluding that the ld. CIT(A) had rightly sustained the addition on account of the low GP ratio. The Tribunal found no reason to interfere with the ld. CIT(A)'s order and dismissed the Assessee's appeal. The Tribunal also noted that certain grounds raised by the Assessee were of a general nature and required no adjudication. In conclusion, the Appellate Tribunal upheld the decisions of the lower authorities regarding the rejection of books of accounts under section 145(3) of the Income Tax Act and the addition made on account of the low Gross Profit ratio. The Assessee's appeal against the decisions of the Commissioner of Income Tax (Appeals) was dismissed, with the Tribunal pronouncing the order on 5th October 2016.
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