2017 (11) TMI 734 - HC - Income Tax

Trading addition u/s 145(3) - non-maintenance of stock register and decline in GP rate despite Sales constant - ITAT and CIT-A deleted the addition - Held that - Whatever defects pointed out by the Assessing Officer is not justified, the rejection of books of account U/s 145(3) of the Act. The assessee s manufacturing processes are so complexed that at every stage, the size, length and width of products changed and also the number of process in the manufacturing of handmade papers but the assessee has maintained proper purchase, sale and other expenses on the basis of bill/vouchers. Therefore, we uphold the order of the ld CIT(A) - Decided in favour of the assessee.

Summary

Issues Involved:
1. Justification of the Tribunal's decision to uphold CIT(A)'s ad-hoc addition of ?5 Lac while deleting the trading addition of ?73,94,581/- under Section 145(3) of the IT Act.
2. Validity of the rejection of the assessee's books of account under Section 145(3) due to non-maintenance of a stock register and a decline in Gross Profit (GP) rate.

Detailed Analysis:

1. Justification of the Tribunal's Decision:
The primary issue in this case was whether the Tribunal was justified in upholding the CIT(A)'s decision to make an ad-hoc addition of ?5 Lac while deleting the trading addition of ?73,94,581/- made by the Assessing Officer (AO) under Section 145(3) of the Income Tax Act. The AO had initially rejected the assessee's books of account due to non-maintenance of a stock register and a significant decline in the GP rate, despite constant sales. The AO had applied a GP rate of 33% on the turnover of ?7,47,20,272/- for the relevant assessment year, resulting in an addition of ?73,94,851/-.

The CIT(A) and subsequently the Tribunal found that the assessee's manufacturing processes were complex, involving numerous products with varying sizes, lengths, and dimensions, making it practically impossible to maintain a quantitative stock register. The assessee had maintained proper records of purchases, sales, and other expenses based on bills and vouchers, and the closing stock was verified and valued properly. The Tribunal concluded that the defects pointed out by the AO were not sufficient to justify the rejection of the books of account under Section 145(3).

2. Validity of the Rejection of Books of Account:
The AO's rejection of the books of account was based on the non-maintenance of a stock register and a significant decline in the GP rate. The AO cited several judicial precedents, including decisions from the Hon'ble Supreme Court and the Bombay High Court, to support the rejection of the books of account. The AO argued that the non-maintenance of a stock register and the absence of day-to-day consumption records justified the application of Section 145(3) and the subsequent addition to the assessee's income.

However, the CIT(A) and the Tribunal found that the assessee's explanation for the decline in the GP rate, attributed to market forces beyond the assessee's control, was reasonable. The Tribunal emphasized that the mere decline in the GP rate and the non-maintenance of a stock register were not sufficient grounds for rejecting the books of account. The Tribunal also noted that the AO had not pointed out any specific defects in the books of account or brought any material on record to justify the addition.

Conclusion:
The Tribunal upheld the CIT(A)'s decision to make an ad-hoc addition of ?5 Lac while deleting the trading addition of ?73,94,581/-. The Tribunal found that the AO's rejection of the books of account under Section 145(3) was not justified, as the assessee had maintained proper records of purchases, sales, and expenses, and the decline in the GP rate was reasonably explained. The appeal was dismissed, and the decision was in favor of the assessee.