2022 (9) TMI 36 - AT - Income Tax

Net profit estimation - total cash deposits treated as the turnover of the assessee - HELD THAT - It is well settled principle of law that the holder of account is under legal obligation to explain source of cash deposits in his bank account. It is categorically stated by the AO that the assessee grossly failed to furnish supporting evidences in support of its contention that the deposits are related to purchases of live stocks. If it was so, even then burden was on assessee to prove the veracity of such claim. In the absence of supporting evidences, the authorities below are justified in treating the entire cash deposits as turnover of the assessee. However, it is noticed that both the authorities below have applied net profit on estimation basis, without verifying it by making field inquiries. CIT(Appeals) has applied net profit @ 8%. Both the lower authorities have not considered comparable instances from market regarding similarly situated traders.It would sub-serve the interest of substantial justice if 5% is adopted as a net profit. AO is, therefore, directed to adopt 5% as net profit and re-compute the addition accordingly. The grounds of appeal are partly allowed.

Issues:
1. Jurisdiction of assessment order passed under Section 143(3)
2. Estimation of net profit by assessing officer
3. Rejection of books of accounts by CIT (A)
4. Estimation of turnover without rejecting books of accounts
5. Confirmation of turnover estimation by CIT (A)
6. Estimation of net profit on cash deposit
7. Admissibility of evidence and material considered
8. Principles of natural justice in assessment order
9. Charging of interest under Sections 234A & 234B

Analysis:

1. The appellant challenged the assessment order passed under Section 143(3) as illegal and without jurisdiction. The CIT (A) upheld the order. The assessing officer estimated the total income at Rs.20,89,160 by applying net profit at 9.09% of total turnover, deviating from the declared income of Rs.1,99,540. The CIT (A) sustained an adhoc estimated profit of 8% of total turnover, which the appellant deemed illegal and unjust.

2. The CIT (A) rejected the books of accounts without appreciating that the assessing officer did not reject them, leading to a jurisdictional issue. The assessing officer estimated turnover based on cash deposits in the bank, considered as part of turnover, without proper basis, raising concerns of arbitrariness.

3. The CIT (A) confirmed the estimation of turnover at Rs.2,29,82,999 by the assessing officer, significantly higher than the declared turnover of Rs.21,94,930, without substantial basis, leading to a dispute over the estimation method used.

4. The assessing officer estimated net profit at 8% on total cash deposit without adequate basis, resulting in an addition to the income of the assessee. The CIT (A) upheld this decision, prompting the appellant to challenge the lack of justification for the addition.

5. The assessing officer's failure to reject the books of accounts and the arbitrary application of net profit at 9.09% were contested by the appellant, arguing for a fair assessment based on proper evidence and material.

6. The Tribunal acknowledged the legal obligation of the account holder to explain the source of cash deposits. While justifying the treating of entire cash deposits as turnover due to lack of evidence, the Tribunal directed the assessing officer to adopt a 5% net profit rate instead of the 8% applied by the CIT (A) for a more just outcome.

7. The Tribunal partially allowed the appeal, recognizing the need for a more balanced approach in estimating net profit and re-computing the addition based on a 5% rate. The decision aimed to uphold substantial justice and address the concerns raised by the appellant regarding the assessment process.

8. The judgment highlighted the importance of providing supporting evidence and conducting thorough inquiries before making estimations or additions to ensure a fair and just assessment process. The principles of natural justice were upheld by allowing the appellant's appeal in part and adjusting the net profit rate accordingly.

9. The issue of interest charged under Sections 234A & 234B was also addressed, emphasizing the need for proper justification and calculation methods for such charges to align with the principles of natural justice and fairness in tax assessments.

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