2018 (3) TMI 438 - HC - Income Tax

Net profit determination - Net profit ratio of 2.5% of total turnover - Held that - Referring to the law laid down in the case of Telelinks versus CIT (2014 (12) TMI 570 - PUNJAB & HARYANA HIGH COURT), we are of the view that learned Tribunal has rightly assessed the net profit at the rate of 2.5% of total turnover instead of 5.2% and directed the Assessing Officer to calculate the net profit accordingly. No substantial question of law arises in this appeal.

Summary

Issues:
1. Rejection of books of accounts and estimation of net profit ratio.
2. Application of net profit ratio on total turnover.
3. Consideration of past tax history and relevant factors in determining net profit ratio.

Analysis:
1. The case involved an income tax appeal filed against an order passed by the Income Tax Appellate Tribunal (I.T.A.T) partially allowing the appeal of the respondent-assessee. The Assessing Officer had rejected the books of accounts of the assessee due to discrepancies in payment records and delayed payments to suppliers. The respondent challenged this decision, arguing that the books of accounts were maintained properly, and any discrepancies were minor. The Tribunal relied on the precedent set by the Punjab & Haryana High Court in the case of Telelinks versus CIT, which stated that the rejection of books of accounts is a prerequisite for estimating net profit. The Tribunal upheld the rejection of the books of accounts and directed the Assessing Officer to calculate the net profit at a ratio of 2.5% of the total turnover.

2. The Tribunal considered the past tax history of the assessee, noting that the net profit ratio in previous assessment years was significantly higher than the declared ratio for the present year. The Tribunal emphasized the importance of relevant factors such as past tax history, nature of business, and economic conditions in determining the net profit rate. It was argued that the Assessing Officer had classified delayed payments and disputed sales, which had an impact on the gross profit ratio. The Tribunal concluded that a net profit ratio of 2.5% of the total turnover would be appropriate, considering the circumstances and directed the Assessing Officer to calculate the net profit accordingly.

3. The Tribunal's decision was based on the principles outlined in the Telelinks case, emphasizing the need to consider various factors in determining the net profit rate. The Tribunal evaluated the facts and circumstances of the case, including the past tax history, job work receipts, and turnover increase. By analyzing these factors, the Tribunal determined that a net profit ratio of 2.5% of the total turnover was justified. Consequently, the appeal of the assessee was partly allowed, and the Assessing Officer was directed to calculate the net profit at the specified ratio. The court found no substantial question of law in the appeal and dismissed it accordingly.