2015 (12) TMI 1684 - AT - Income Tax

ITAT overturns rejection of books & GP addition, allows business loss. Consider market conditions & consistency.

Vandana Jain Prop. Tushar Hand Works Versus ACIT, Circle- 5, Jaipur

The ITAT ruled in favor of the assessee, overturning the rejection of books of account and the consequent GP addition while allowing the business loss ... Rejection of books of accounts - Held that:- As the facts emerges that the assessee is a 100% exporter of the readymade garments and books of account are duly audited and supported by records. There is no adverse comments about the transactions, expenditure and stock maintenance, comparative stock inventory prepared by the assessee is based on the record and lower authorities have not pointed out any specific defects in the valuation of the closing stock and items. In our considered view, the books of account of the assessee cannot be rejected in such casual manner and summary manner. We find merit in the arguments of the ld. AR of the assessee that maintenance of day today production stock in the readymade garments trade is impossible to be maintained by the assessee. Adverse inference drawn about the expenses under the head stitching, embroidery, dying and printing being high have neither been justified ld AO nor any disproportionateness in comparative figure has been demonstrated. Thus in our view, the books of account of the assessee are not liable to be rejected. - Decided in favour of assessee. Loss in Tushar guest house - Held that:- We are of the view that when the Department has accepted the loss in assessment year 2007-08 then there is no justification in refusing the accepted loss in assessment year 2008- 09. Consequently, this ground of the assessee is allowed in assessment year 2008-09.- Decided in favour of assessee. Issues involved:1. Rejection of books of account under section 145(3) of the Act2. Confirmation of Gross Profit (GP) addition3. Disallowance of business loss incurred in Tushar Guest HouseIssue 1: Rejection of books of account under section 145(3) of the Act:The assessee, a manufacturer and exporter of garments, faced scrutiny over lower gross profit rates in certain years. The Assessing Officer (AO) rejected the books of account citing lack of day-to-day production register and high expenses under stitching, embroidery, etc. The AO estimated GP at 31% without detailed analysis, leading to appeals before the CIT(A) and subsequently the ITAT. The ITAT held that the rejection lacked proper justification, emphasizing the impossibility of maintaining daily production stock in the garment trade. Citing judicial precedents, the ITAT ruled in favor of the assessee, highlighting the fluctuating nature of GP due to market conditions and global competition.Issue 2: Confirmation of Gross Profit (GP) addition:The CIT(A) confirmed the GP addition, overlooking the AO's previous order for a different assessment year where a similar addition was significantly reduced. The ITAT found no valid reason to deviate from the earlier assessment, emphasizing the consistency in business operations and accounting methods. The ITAT concluded that the rejection of books and the subsequent GP estimation lacked substantial grounds, especially considering the competitive market dynamics affecting GP rates.Issue 3: Disallowance of business loss incurred in Tushar Guest House:The assessee claimed a business loss from Tushar Guest House, which was disallowed by the CIT(A) despite a similar loss being allowed in a previous assessment year. The ITAT noted the inconsistency in the CIT(A)'s approach and ruled in favor of the assessee, allowing the claimed loss for the relevant year based on the principle of consistency in treatment.In summary, the ITAT ruled in favor of the assessee, overturning the rejection of books of account and the consequent GP addition while allowing the business loss incurred in Tushar Guest House. The judgment emphasized the importance of considering market conditions, global competition, and consistency in treatment across assessment years while assessing financial aspects of the business.