2012 (10) TMI 1065 - AT - Income Tax

Tribunal dismisses Revenue appeal, upholds deletion of Rs. 27,72,458 for suppressed production.

The Tribunal upheld the CIT(A)'s decision to delete an addition of Rs. 27,72,458/- made by the AO on account of suppression of production by the assessee. ... - Issues Involved:1. Deletion of addition on account of suppression of production.Summary:Issue 1: Deletion of addition on account of suppression of productionThe Revenue appealed against the order of the CIT(A)-II, Surat, which deleted an addition of Rs. 27,72,458/- made by the AO on account of suppression of production. The AO observed that the assessee, engaged in dyeing and printing of cloth on a job-work basis, did not maintain reliable books of account, including day-to-day production registers and records of consumption of colors and chemicals. The AO noted significant monthly variations in dyeing and printing charges, electricity, and gas consumption, leading to the conclusion that the assessee suppressed production. Consequently, the AO rejected the assessee's books u/s 145(3) of the IT Act and estimated the gross profit (GP) at 15% of the turnover, resulting in the addition.The assessee contended that the GP rate had increased compared to the preceding year and provided historical GP rates to support their claim. They argued that variations in consumption ratios were due to the nature of their business, involving multiple stages and varying complexities. The CIT(A) accepted the assessee's explanation, noting that the AO's method of estimating suppressed production based on monthly consumption ratios was flawed. The CIT(A) emphasized that the AO did not consider the complexities of the production process and the lack of corroborating evidence for suppressed production.The Tribunal upheld the CIT(A)'s decision, agreeing that the AO's addition was based on conjecture and lacked concrete evidence. The Tribunal noted that the AO did not make any inquiries with the assessee's clients to verify suppressed production. The Tribunal also referenced similar cases where such additions were not sustained. Consequently, the Tribunal dismissed the Revenue's appeal, confirming the deletion of the addition of Rs. 27,72,458/-.Order pronounced in open Court on 26.10.2012