2016 (11) TMI 1415 - AT - Income Tax

Tribunal upholds CIT(A) decision on revenue's appeal, stresses proper assessment procedures

The Assistant Commissioner of Income –Tax, Corporate Circle -4 (1), Chennai. Versus M/s. Marg Limited

The Assistant Commissioner of Income –Tax, Corporate Circle -4 (1), Chennai. Versus M/s. Marg Limited - TMI Issues:Addition of estimated income on basis of lack of bills and vouchers, rejection of books of account, estimation of profit without rejecting books of account.Analysis:The case involved an appeal against the order of CIT(A) regarding the addition of estimated income of Rs. 21.40 crores due to the lack of bills and vouchers for construction projects carried out by the assessee during the assessment year 2012-13. The assessing officer estimated the profit at 5% as the assessee returned less than 5% of gross receipts as profit, resulting in a deficiency of Rs. 21.39 crores. However, there was no rejection of books of account during the assessment proceedings. The Tribunal noted that the assessing officer can estimate profit based on available material if books of account are not maintained properly, but in this case, the books were not rejected. The Tribunal opined that the assessing officer should have examined the books of account before estimating profit uniformly at 5% for all projects. As the books were not rejected, the Tribunal upheld the decision of CIT(A) and dismissed the revenue's appeal.The Tribunal emphasized that the rejection of books of account is necessary for estimating profit when the correct income cannot be computed based on the maintained records. In this case, since the books of account were not rejected, the assessing officer should have conducted a thorough examination before estimating profit at a uniform rate. The Tribunal highlighted the importance of proper assessment procedures and the need for a valid reason to reject books of account before resorting to estimation methods. Consequently, the Tribunal confirmed the decision of CIT(A) as there was no valid ground to interfere with the lower authority's order.In conclusion, the Tribunal dismissed the revenue's appeal, emphasizing the significance of proper assessment procedures and the requirement to reject books of account before estimating profits based on assumptions. The case highlighted the importance of maintaining accurate records and conducting thorough assessments to determine taxable income correctly, ensuring fairness and adherence to legal principles in tax assessments.