2018 (1) TMI 710 - AT - Income Tax

Estimation of net profit - rejection of books of accounts - adoption of net profit rate of 5% in the instant case - Held that - It is an admitted fact that the assessee has maintained books of account which were duly audited and the auditors have not pointed out any defect in the books of account. There is also no qualification by the auditors regarding any defect on account of non-maintenance of stock register in a particular manner. It is also an admitted fact that the valuation of stock on a particular date cannot be correctly determined in absence of maintenance of stock resister of timber on the basis of shape, size, quality, colour, etc.. Therefore, rejection of book results under the facts and circumstances of the case is justified. Adoption of net profit rate of 5% in the instant case without bringing any comparable case/cases of similar nature in the same locality is also highly arbitrary under the facts and circumstances of the case. The argument of the ld. counsel for the assessee that since the purchase and sales along with quantity are matching and there is no evidence that the assessee has received anything more than whatever has been shown as sale cannot be accepted in absence of maintenance of the stock register on the basis of quality, shape, size, colour, etc.. Considering the totality of the facts of the case, we are of the considered opinion that lump sum addition of ₹ 5,00,000/- on estimate basis for possible leakage of revenue under the facts and circumstances of the case as against the estimation of net profit at 5% by the Assessing Officer and upheld by the ld. CIT(A) in the instant case will meet the ends of justice - Decided partly in favour of assessee

Issues Involved:
1. Rejection of books of accounts under Section 145(3) of the Income Tax Act.
2. Estimation of Gross Profit (GP) rate at 5%.
3. Maintenance of stock register and its impact on the valuation of closing stock.
4. Justification of additions made by the Assessing Officer (AO) and upheld by the Commissioner of Income Tax (Appeals) [CIT(A)].

Issue-wise Detailed Analysis:

1. Rejection of Books of Accounts under Section 145(3):
The Assessing Officer (AO) rejected the books of accounts maintained by the assessee, invoking the provisions of Section 145(3) of the Income Tax Act. The AO noted discrepancies in the stock register and the valuation of closing stock. Specifically, the AO found that the stock register was not maintained based on quality, size, color, and shape of timber, which are essential for accurate valuation. The CIT(A) upheld this rejection, emphasizing that the assessee did not maintain the stock register quality-wise, leading to an inability to determine the correct position of the closing stock. The Tribunal found that the rejection of book results was justified due to the absence of a properly maintained stock register.

2. Estimation of Gross Profit (GP) Rate at 5%:
The AO applied a GP rate of 5% based on the transactions from 01.04.2008 to 12.06.2008, where the assessee had declared a GP rate of 5%. The assessee argued that this estimation was arbitrary and not based on any comparable cases. The Tribunal agreed that the adoption of a 5% GP rate without any comparable cases was highly arbitrary. Instead, the Tribunal directed a lump sum addition of ?5,00,000 on an estimate basis for possible leakage of revenue, considering the totality of the facts.

3. Maintenance of Stock Register and its Impact on the Valuation of Closing Stock:
The AO and CIT(A) both noted that the assessee did not maintain the stock register based on quality, size, color, and shape, which led to incorrect valuation of the closing stock. The CIT(A) emphasized that proper maintenance of the stock register is crucial for determining the correct income. The Tribunal acknowledged the importance of maintaining a detailed stock register for accurate valuation but also noted that the assessee's books were audited without any significant defects pointed out by the auditors.

4. Justification of Additions Made by the AO and Upheld by the CIT(A):
The AO made an addition of ?47,77,601 to the total income of the assessee by applying a 5% GP rate, which was upheld by the CIT(A). The assessee contended that the books of accounts were properly maintained and audited, and the discrepancies were minor clerical errors. The Tribunal found some force in the assessee's argument but also recognized the discrepancies pointed out by the AO. Therefore, the Tribunal directed a lump sum addition of ?5,00,000 instead of the arbitrary 5% GP rate applied by the AO and upheld by the CIT(A).

Conclusion:
The Tribunal partly allowed the appeal filed by the assessee. The rejection of the books of accounts under Section 145(3) was justified due to the improper maintenance of the stock register. However, the Tribunal found the estimation of a 5% GP rate to be arbitrary and directed a lump sum addition of ?5,00,000 for possible revenue leakage. The Tribunal's decision balanced the need for accurate stock valuation with the recognition of the minor clerical errors in the assessee's books.

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