2017 (12) TMI 1250 - AT - Income Tax

Addition invoking provisions of Section 145(3) - rejection of books of accounts - G.P. estimation - Held that - This is a fact that the assessee was not maintaining quality wise details of the commodities traded, therefore, it shall not be possible to verify the correctness of the valuation of the closing stock. Therefore, the Bench is of the view that the books of account were rightly rejected by invoking the provisions of Section 145(3) of the Act. Further the Assessing Officer made the addition of ₹ 3,04,903/- lacs and the ld. CIT(A) restricted it to ₹ 1,51,811/- lacs. After considering both the sides and the various other aspects of the case including the increase in the sales turnover by 3.5 times in the year under consideration in comparison to immediate preceding year, the estimate of G.P. at ₹ 1,51,811/- lacs is justified, therefore, the Bench uphold the order of the ld. CIT(A) on this ground. Accordingly, grounds No. 2 and 3 are dismissed. Disallowance of shops expenses, telephone expenses and low household withdrawals - Held that - Since, the addition on account of estimating of gross profit and rejection of books of account has been sustained, therefore, in view of the various decisions of the Hon ble Jurisdictional High Court on this issue, no specific additions out of expenses debited in P&L account can be sustained. Therefore, the same are directed to be deleted.

Summary

Issues Involved:
1. Application of section 145(3) of the Income Tax Act, 1961.
2. Estimation of Net Profit Rate and Gross Profit.
3. Adhoc disallowance of shop expenses, telephone expenses, and household withdrawals.

Analysis:

Issue 1: Application of section 145(3) of the Income Tax Act, 1961
The appeal arose from the order of the ld. CIT(A) for the A.Y. 2011-12. The Assessing Officer completed the assessment under section 143(3) of the Act, resulting in various additions to the total income declared by the assessee. The ld. CIT(A) partially relieved the assessee. The grounds of appeal raised by the assessee challenged the application of section 145(3) by the AO and the subsequent confirmation by the ld. CIT(A). The ITAT dismissed the general nature of the first ground of appeal. The issue was whether the rejection of books of account and the application of section 145(3) were justified. The ITAT upheld the rejection of books of account due to the lack of quality-wise details of traded commodities, confirming the addition made by the AO and sustained by the ld. CIT(A).

Issue 2: Estimation of Net Profit Rate and Gross Profit
The grounds of appeal also contested the estimation of Net Profit Rate and Gross Profit by the AO. The ld. CIT(A) considered the arguments presented by the appellant's representative (A/R) and the AO's observations. The A/R argued against the lack of basis for the AO's estimation, citing an increase in turnover and decreased Gross Profit due to market competition. The ld. CIT(A) adopted the average Gross Profit rate of the last two years to calculate the Gross Profit, confirming a trading addition while deleting a balance amount. The ITAT upheld the ld. CIT(A)'s decision, considering the increase in sales turnover and justifying the estimate of Gross Profit.

Issue 3: Adhoc Disallowance of Expenses
The appeal also addressed adhoc disallowances of shop expenses, telephone expenses, and household withdrawals. The ld. CIT(A) confirmed the addition of shop expenses and telephone expenses based on lack of vouching and personal use of telephone, respectively. Additionally, the AO estimated household expenses per month, which the A/R did not provide evidence to refute. The ITAT, after considering the arguments from both sides, directed the deletion of specific expense additions due to the sustained estimation of Gross Profit and rejection of books of account.

In conclusion, the ITAT partially allowed the appeal, deleting specific expense additions while upholding the estimation of Gross Profit and rejection of books of account. The judgment was pronounced on 13/12/2017.