2025 (3) TMI 1409 - AT - Income Tax

Rejection of books of accounts - estimating the total income of the assessee - HELD THAT - Once the books of account are rejected by invoking the provisions of section 145 of the Act and the income is estimated to the best of judgment as per the provisions of section 144 of the Act the said estimate is made in substitution of the business income that is to be computed in accordance with the provisions contained in sections 30 to 43D as laid down in section 29 of the Act. Consequently all the deductions which are referred to in sections 30 to 43D of the Act are deemed to have been taken into account while making such an estimate. Useful reference in this regard may be made to the decision of Indwell Constructions 1998 (3) TMI 121 - ANDHRA PRADESH HIGH COURT and Banwari Lal Banshidhar 1997 (5) TMI 37 - ALLAHABAD HIGH COURT For these reasons we do not agree with this plea of the Revenue. No infirmity in the order of the Ld. CIT(A) in rejecting the books of accounts and estimating the total income of the assessee. We accordingly uphold the same.

ISSUES PRESENTED and CONSIDERED

The core issues considered in this judgment were:

Whether the maintenance of two sets of books of accounts by the assessee constituted suppression of income and whether the discrepancies identified justified the rejection of the books of accounts under Section 145(3) of the Income-tax Act, 1961.
Whether the estimation of profits at 2.21% of the turnover, as determined by the CIT(A) and upheld by the Tribunal in the assessee's own case for AY 2013-14, was appropriate for AYs 2015-16 and 2016-17.
Whether the disallowance of expenses should be separately adjudicated even after the rejection of books of accounts and estimation of income.
The validity of the assessment proceedings initiated under Section 153A of the Act on the basis of incriminating material found during the search.

ISSUE-WISE DETAILED ANALYSIS

1. Maintenance of Two Sets of Books of Accounts and Rejection under Section 145(3)

Relevant Legal Framework and Precedents: Section 145(3) of the Income-tax Act allows for the rejection of books of accounts if they are not maintained in accordance with the prescribed accounting standards or are unreliable.
Court's Interpretation and Reasoning: The Tribunal noted the existence of two sets of books titled "ori" and "IT" and the discrepancies therein. The CIT(A) found the books unreliable due to the maintenance of parallel accounts and the inability of the assessee to reconcile discrepancies.
Key Evidence and Findings: The search revealed two sets of accounts, and the accounts manager confirmed the maintenance of parallel accounts. The CIT(A) noted practical difficulties faced by the assessee in maintaining accurate accounts due to remote locations and frequent staff changes.
Application of Law to Facts: The Tribunal upheld the CIT(A)'s decision to reject the books under Section 145(3) due to their unreliability and discrepancies.
Treatment of Competing Arguments: The Tribunal considered the Revenue's argument for higher profit estimation but found it inconsistent with the Tribunal's earlier decision in the assessee's case for AY 2013-14.
Conclusions: The books of accounts were rightly rejected, and the estimation of profits was necessary.

2. Estimation of Profits at 2.21%

Relevant Legal Framework and Precedents: Estimation of income is permissible under Section 145(3) when books are rejected. The Tribunal's earlier decision in the assessee's case for AY 2013-14 set a precedent for estimating profits at 2.21%.
Court's Interpretation and Reasoning: The CIT(A) followed the Tribunal's earlier decision, considering the nature of the business and the impracticality of the AO's higher estimation.
Key Evidence and Findings: The Tribunal found the facts and circumstances for AYs 2015-16 and 2016-17 similar to AY 2013-14, justifying the same profit estimation.
Application of Law to Facts: The Tribunal applied the 2.21% profit estimation consistently with its earlier decision.
Treatment of Competing Arguments: The Revenue's argument for a higher profit rate based on a comparable entity was dismissed due to differences in business lines.
Conclusions: The estimation of profits at 2.21% was appropriate and upheld.

3. Separate Adjudication of Disallowed Expenses

Relevant Legal Framework and Precedents: Once books are rejected, income estimation substitutes the computation of business income under sections 30 to 43D.
Court's Interpretation and Reasoning: The Tribunal referred to precedents stating that deductions under sections 30 to 43D are deemed considered in income estimation.
Key Evidence and Findings: The Tribunal found no need to separately adjudicate disallowed expenses once books were rejected.
Application of Law to Facts: The Tribunal applied the principle that income estimation subsumes specific expense disallowances.
Treatment of Competing Arguments: The Revenue's plea for separate adjudication was rejected based on established legal principles.
Conclusions: No separate adjudication of disallowed expenses was required.

4. Validity of Assessment Proceedings under Section 153A

Relevant Legal Framework and Precedents: Section 153A allows for assessment proceedings based on incriminating material found during a search.
Court's Interpretation and Reasoning: The Tribunal found the seized electronic material and the accounts manager's statement constituted incriminating material.
Key Evidence and Findings: The existence of two sets of books and discrepancies were deemed sufficient incriminating material.
Application of Law to Facts: The Tribunal upheld the validity of the assessment proceedings under Section 153A.
Treatment of Competing Arguments: The assessee's objection to the validity of proceedings was rejected based on the evidence.
Conclusions: The assessment proceedings were validly initiated under Section 153A.

SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The undersigned to have the judicial discipline, by respectfully following the decision of the Hon'ble ITAT Chennai in the Appellant's own case for the AY 2013-14, the net profit ratio of the Appellant Firm is taken @ 2.21% on the sales turnover in determining the business income of the Appellant Firm for the years under consideration."
Core Principles Established: Rejection of books under Section 145(3) is justified when discrepancies exist, and estimation of income is permissible. The estimation of profits at 2.21% is consistent with the Tribunal's earlier decision and appropriate given the facts.
Final Determinations on Each Issue: The Tribunal upheld the rejection of books, the estimation of profits at 2.21%, and the validity of assessment proceedings under Section 153A. Separate adjudication of disallowed expenses was deemed unnecessary.

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