2018 (1) TMI 584 - AT - Income Tax

Proceedings under 153A - G.P. determination - enhancement of GP rate - Settlement Commission empowered to reopen the completed proceedings- Held that - No doubt that the assessment proceeding relevant to the Ass. Year 2004 related to the assessee was completed and not specifically reopened by the Settlement Commission by giving any reason, however, according to Sec.245E, before 1st Day of June, 2007, the Settlement Commission was fully empowered to reopen the completed proceedings, as in the instant case the assessment proceeding was completed only on 18.12.2006 which is clearly before the 1st day of June, 2007 and therefore could by subjected to the power of the settlement commission. We are of the considered view, although no specific reasons have been given and the proceeding relevant to assessment year 2004-05 was not reopened, however, the same was taken into consideration by the settlement commission and order dated 26.09.2013 was passed, which was supplemented by the order dated 07.03.2014 covering the assessment order under appeal qua A.Y. 2004-05 and while giving effect to the said order passed by the Settlement Commission, the Ld. DCIT has already passed an order u/s 153A r.w.Sec.245D (iv) of the I.T. Act 1961, therefore, we are of the considered opinion, keeping in view of the mandates of the Sec.245-C, 245E and 245-I and in order to end the litigation, impugned order under challenge passed by the Ld. CIT(A) is liable to be set aside .

Issues Involved:
1. Rejection of trading results.
2. Addition by applying Gross Profit (G.P.) Rate of 8%.
3. Enhancement of ?10,90,350/- by applying G.P. Rate of 9%.
4. Correctness and completeness of accounts and method of accounting.
5. Lack of specific notice of enhancement.
6. Impact of the Settlement Commission's order on the assessment year under appeal.
7. Justification and support for additions made by the Assessing Officer (A.O.) and the Commissioner of Income Tax (Appeals) [CIT(A)].
8. Consideration and interpretation of replies and details furnished by the assessee.

Detailed Analysis:

1. Rejection of Trading Results:
The assessee argued that the accounts were maintained in the same manner as in previous years, and no defects were found in the books of accounts. The Assessing Officer (A.O.) rejected the trading results based on the inability to correlate sales with stock registers and the absence of day-to-day records on the quality/quantity of cloth and chemicals used. The CIT(A) confirmed this rejection.

2. Addition by Applying G.P. Rate of 8%:
The A.O. estimated the G.P. rate at 8%, based on earlier years' G.P. rates, resulting in a gross profit of ?87,22,800/-. The assessee contended that the declared G.P. rate of 6.73% was reasonable, given the nature of their business and that all sales and purchases were duly vouched.

3. Enhancement of ?10,90,350/- by Applying G.P. Rate of 9%:
The CIT(A) not only confirmed the A.O.'s assessment but also enhanced the G.P. rate from 8% to 9%, increasing the gross profit to ?98,13,150/-. The assessee argued that no specific notice of enhancement was given, and the enhancement was unjustified.

4. Correctness and Completeness of Accounts and Method of Accounting:
The assessee maintained that their accounts were correct, complete, and regularly followed. The rejection of accounts by the A.O. was challenged, as there was no specific finding to justify the application of Section 145.

5. Lack of Specific Notice of Enhancement:
The assessee claimed that no specific notice of enhancement was provided by the CIT(A), and the requirement noted on the order sheet was duly replied to. The CIT(A) wrongly held that no objection to enhancement was filed by the assessee.

6. Impact of the Settlement Commission's Order:
The assessee argued that the Settlement Commission's order, which covered the assessment year under appeal, was final and no further addition could lawfully be made. The Settlement Commission had settled the undeclared income for all group cases, including the assessee, for various assessment years.

7. Justification and Support for Additions Made by A.O. and CIT(A):
The assessee contended that the additions made by the A.O. and CIT(A) were unjust, unlawful, and not supported by any material on record. The replies and details furnished were not properly considered, leading to excessive and wrongful additions.

8. Consideration and Interpretation of Replies and Details Furnished:
The assessee highlighted that all replies and details provided were not properly considered or judicially interpreted. The additions were made based on guesswork and without finding any defects in the purchases, sales, or stock tallies.

Conclusion:
The Tribunal analyzed the relevant provisions of law, including Sections 245C, 245D, and 245E, and the powers of the Settlement Commission. It was determined that the Settlement Commission's order was conclusive and covered the assessment year under appeal. The Tribunal set aside the impugned order passed by the CIT(A), acknowledging the mandate of the Settlement Commission's order and the need to end litigation. Consequently, the appeal filed by the assessee was allowed, and all grounds raised by the assessee were disposed of.

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