2012 (6) TMI 536 - AT - Income Tax

Tribunal rules in favor of assessee, adjusts net profit estimation, disallows partner's remuneration

The Tribunal dismissed the Revenue's appeal and allowed the assessee's Cross Objection. It upheld the determination of the firm as an Association of ... Addition towards other heads of expenditure debited to the profit and loss a/c – Held that:- once the books of accounts were rejected, the very same books of accounts cannot be a basis for making any addition in the case of Indwell Constructions (1998 - TMI - 17056 - ANDHRA PRADESH High Court - Income Tax) when the profit is estimated by rejecting the books of account, all the expenditure including other heads of expenditure deem to be allowed. Therefore, once the profit is estimated, there should not be any further addition on this count. Cross Objection filed by the assessee stands allowed. Issues:1. Assessment of income as Association of Persons (AOP).2. Rejection of books of account and estimation of profit.3. Disallowance of partner's remuneration.4. Estimation of income at 5% of purchases.5. Addition of expenditure debited to Profit & Loss A/c.Assessment of income as Association of Persons (AOP):The assessing officer observed discrepancies in the assessee firm's sales, leading to the reopening of assessment under section 147. It was noted that the liquor business license was in an individual's name, not in the firm's name, raising concerns about the firm's status as an Association of Persons (AOP). Citing a Supreme Court decision, the assessing officer held the assessee's status as AOP, disallowing partner's remuneration under section 40(b).Rejection of books of account and estimation of profit:The assessing officer rejected the books of account due to lack of sale bills, questioning the accuracy of sales figures. The officer estimated profit at 30% on the cost of goods sold, leading to an understatement of sales. The CIT (A) upheld the rejection of books and estimated net profit at 5% of purchases, directing a recomputation of taxable income.Disallowance of partner's remuneration:The CIT (A) affirmed the disallowance of partner's remuneration by the assessing officer, following a Supreme Court decision and upholding the AOP status determination. The assessing officer's decision to disallow remuneration was maintained.Estimation of income at 5% of purchases:The Revenue appealed against the CIT (A)'s estimation of income at 5% of purchases, arguing for the estimation of gross sales instead. The Tribunal rejected the Revenue's appeal, adjusting the net profit estimation to 3% based on past history and comparable cases.Addition of expenditure debited to Profit & Loss A/c:The assessing officer made an additional Rs.1,00,507/- towards other heads of expenditure debited to the Profit & Loss A/c after rejecting the books of account. The Tribunal ruled that once books are rejected, no further additions should be made based on the same books. The assessee's Cross Objection on this issue was allowed, leading to the dismissal of the Revenue's appeal.In conclusion, the Tribunal dismissed the Revenue's appeal and allowed the assessee's Cross Objection, emphasizing the proper estimation of net profit and the inadmissibility of further additions after rejecting books of account.