2022 (6) TMI 1111 - AT - Income Tax

Undervaluation of finished goods - Addition on the basis of investigation additions made by the Central Excise Department - assessee has filed appeal before CESTAT against such investigation - HELD THAT - As decided in assessee own case additions made by the assessing officer and confirmed by the Ld. CIT(Appeals) are based on the basis of additions made by the Central Excise Department, against which the assessee has filed appeal before CESTAT. Accordingly, the matter was restored to the file of Ld. CIT(Appeals) for fresh adjudication in light of the order passed by CESTAT. However, we note that in the set aside proceedings even Ld. CIT(Appeals) gave only part relief even though CESTAT had deleted the additions proposed by the Excise Department. In view of the above order of CESTAT giving complete relief to the assessee and directions of ITAT in assessee s own appeal for assessment year 2008- 09, we are of the considered view that additions to the tune of ₹ 40 lakhs sustained by the Ld. CIT(Appeals) are liable to be set aside we also note that the additions have been sustained by Ld. CIT(Appeals) on purely estimate basis, as is evident from the observations made by Ld. CIT(Appeals) while passing the appeal order. It is well-settled law that no addition could be made on estimated basis without rejecting books of account of assessee as held by various Courts in the case of Asian Grantio India Ltd 2019 (10) TMI 1193 - ITAT AHMEDABAD , Royal Marwar Tobacco Product 2007 (12) TMI 321 - ITAT AHMEDABAD , Anil Kumar Company 2016 (3) TMI 184 - KARNATAKA HIGH COURT and Ercon Composites 2013 (12) TMI 902 - ITAT JODHPUR Accordingly, we are of the considered view that Ld. CIT(Appeals) has erred in facts and in law in confirming the addition. - Decided in favour of assessee.

Summary

Issues Involved:
1. Legality of additions made on an ad-hoc and estimated basis.
2. Reliance on findings from Central Excise Department without independent verification.
3. Rejection of books of accounts and assumptions of manipulation.
4. Consideration of CESTAT's order in the assessment proceedings.
5. Levy of penalty and interest under sections 234A, 234B, 234C, and 234D of the Income Tax Act.

Issue-wise Detailed Analysis:

1. Legality of Additions Made on an Ad-hoc and Estimated Basis:
The assessee argued that the additions of ?40,00,000/- for AY 2008-09 and ?20,00,000/- for AY 2010-11 were made without any substantive material or corroborative evidence, purely on an estimated basis. The CIT(A) admitted that the additions were "purely on estimation basis to take care of shortcomings noticed in the accounts of the appellant." The ITAT noted that it is well-settled law that no addition could be made on an estimated basis without rejecting the books of account. The ITAT cited various precedents, including the cases of Asian Granito India Ltd. and Shree Asutosh Transport Co., to support this principle. Consequently, the ITAT concluded that the CIT(A) erred in confirming the additions on an estimated basis without proper evidence or rejection of books of accounts.

2. Reliance on Findings from Central Excise Department Without Independent Verification:
The additions were initially based on investigations by the Central Excise Department, which alleged undervaluation and evasion of excise duty. The assessee contended that since the CESTAT had deleted all demands for AY 2008-09 and 2010-11, the income tax demands should also be set aside. The ITAT observed that the CIT(A) failed to give full relief even though the CESTAT had deleted the additions proposed by the Excise Department. The ITAT emphasized that the CIT(A) should have considered the CESTAT's order, which provided complete relief to the assessee, thereby invalidating the basis for the income tax additions.

3. Rejection of Books of Accounts and Assumptions of Manipulation:
The CIT(A) made additions based on assumptions of manipulation in the books of accounts without rejecting them. The assessee argued that their books were audited, and no adverse comments were found in the Tax Audit Report. The ITAT noted that the CIT(A) confirmed the additions without pointing out specific defects in the books of accounts, relying instead on assumptions and surmises. The ITAT held that such an approach is not sustainable under the law, reaffirming that additions cannot be made without rejecting the books of accounts or providing substantial evidence of manipulation.

4. Consideration of CESTAT's Order in the Assessment Proceedings:
The ITAT had previously remanded the case to the CIT(A) to reconsider the additions in light of the CESTAT's order. Despite this, the CIT(A) provided only partial relief. The ITAT reiterated that the CESTAT had deleted all demands for the relevant assessment years, and thus, the income tax additions should also be set aside. The ITAT emphasized that the CIT(A) should have fully adhered to the CESTAT's findings, which were favorable to the assessee.

5. Levy of Penalty and Interest Under Sections 234A, 234B, 234C, and 234D of the Income Tax Act:
The assessee contended that the CIT(A) erred in upholding the levy of penalty and interest, given that the additions were made on an estimated basis. The ITAT, having decided in favor of the assessee on the primary issues of additions, implicitly addressed the issue of penalties and interest. Since the foundational basis for the additions was invalidated, the consequential penalties and interest levied under sections 234A, 234B, 234C, and 234D were also deemed unsustainable.

Conclusion:
The ITAT allowed the appeals for both assessment years 2008-09 and 2010-11, setting aside the additions made by the CIT(A). The ITAT underscored the importance of adhering to established legal principles, such as the necessity of rejecting books of accounts before making estimated additions and the need to consider authoritative orders like those of the CESTAT. The ITAT's decision reinforced the requirement for substantive evidence in income tax proceedings and the invalidity of additions based purely on assumptions and estimations.