2006 (8) TMI 167 - HC - Income Tax

Court upholds Tribunal decision on Income-tax Act s.40A(3) in profit estimation.

Commissioner of Income-Tax. Versus Smt. Santosh Jain.

The Court dismissed the appeal, upholding the Tribunal's decision that u/s 40A(3) of the Income-tax Act does not apply in gross profit estimation ... Business Expenditure Issues:The issues involved in this case are:1. Interpretation of u/s 40A(3) of the Income-tax Act, 1961 in a scenario where gross profit estimation is made.2. Whether the Tribunal can decide on u/s 40A(3) when not addressed by the Commissioner of Income-tax (Appeals).Summary:The assessee, engaged in manufacturing and sale of iron and steel goods, underwent a search revealing unaccounted business transactions. The Assessing Officer assessed turnover higher than declared, applying a gross profit rate of 4.27% instead of 3.23%. The Commissioner of Income-tax (Appeals) approved the gross profit rate on unrecorded sales and found no justification for disallowing cash payments exceeding u/s 40A(3) limit. The Tribunal upheld these findings, citing that u/s 40A(3) cannot be invoked in gross profit estimation, referencing a precedent from the Allahabad High Court.During the appeal, it was argued that when income is computed using a gross profit rate, there is no need to consider u/s 40A(3) as it accounts for expenditures beyond crossed cheques. The Court agreed with the Allahabad High Court's stance that if no deduction is claimed u/s 40A(3), there is no requirement to delve into it. Applying the gross profit rate covers all aspects, eliminating the need for scrutiny of purchase amounts. Consequently, no substantial question of law was found, leading to the dismissal of the appeal.