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2021 (3) TMI 826 - AT - Income TaxEstimation of income - Rejection of books of accounts - AO estimated the net profit @ 2% of the gross receipts holding that the assessee has failed to account for the receipts appearing in Form 26AS - CIT(A) restricted the addition to 1.5% of the gross receipts - HELD THAT - As pointed out by the Ld. counsel, in the past three years, the gross commission of the total receipts remained below 1%. CIT(A) has determined the addition @ 1.5% and as per settled law when the books of account are rejected, the profit is determined on estimation basis In determining the profit on estimation basis, the past history plays a vital role. Therefore, we are of the considered view that the net profit rate of 1.5% sustained by the Ld. CIT(A) is on higher side in view of the past history. Hence, we find merit in the contention of the Ld. counsel that 1.5% profit rate estimated by the Ld. CIT(A) is on higher side. Accordingly, in the interest of justice, we partly allow the appeal of the assessee and modify the order passed by the Ld. CIT(A) and restrict the net profit rate to 1% of the gross receipts, which is more than the percentage in the last 3 years. We therefore, direct the Assessing Officer to compute the addition @ 1% of the gross receipts. Appeal filed by the assessee is partly allowed.
Issues:
1. Addition based on estimation of net profit rate on gross receipts. 2. Rejection of books of account by Assessing Officer. 3. Condonation of delay in filing appeal. Analysis: Issue 1: Addition based on estimation of net profit rate on gross receipts - The assessee, an Association of Persons (AOP), filed its return for the assessment year declaring total income. The Assessing Officer (AO) noticed a variance between the receipts as per Form No. 26AS and the income declared by the assessee. The AO estimated net profit at 2% of gross receipts due to incomplete records, resulting in an addition to the income. - In the first appeal, the Commissioner of Income Tax (Appeals) restricted the addition to 1.5% of gross receipts. The assessee appealed to the ITAT, arguing against the rejection of books of account and the estimated net profit rate. - The ITAT considered past history and relevant case law, noting that the gross commission of the total receipts in the past years remained below 1%. The ITAT found the 1.5% profit rate estimated by the CIT(A) to be on the higher side, thus partly allowing the appeal and modifying the order to restrict the net profit rate to 1% of gross receipts. Issue 2: Rejection of books of account by Assessing Officer - The AO rejected the books of account under section 145(3) due to incomplete records and estimated the net profit rate. The CIT(A) upheld the rejection and addition, leading to the appeal before the ITAT. - The ITAT considered the contention that the rejection without specific defects pointed out is not sustainable, citing a similar case where the ITAT deleted the addition due to lack of specific defects in the books of account. - The ITAT found the rejection of books without pinpointing specific defects and the estimation of net profit rate to be unreasonable. It partly allowed the appeal and directed the AO to compute the addition at 1% of gross receipts. Issue 3: Condonation of delay in filing appeal - The assessee filed an application for condonation of delay due to the COVID-19 pandemic affecting the filing timeline. The ITAT, considering the Supreme Court's extension of limitation periods, condoned the delay and allowed the appeal to proceed. In conclusion, the ITAT Chandigarh partly allowed the appeal of the assessee, modifying the order passed by the CIT(A) to restrict the net profit rate to 1% of gross receipts. The ITAT found the rejection of books of account and the estimated net profit rate to be unreasonable, considering past history and relevant legal principles. The delay in filing the appeal was condoned due to the exceptional circumstances caused by the pandemic.
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