2014 (12) TMI 718 - AT - Income Tax

Tribunal Upholds Decision on Revenue Appeals; Low Yield & Commission Income Classification

DCIT, Circle-1, Muzaffarnagar Versus M/s. Rana Castings (P) Ltd., M/s. Doaba Rolling Mill (P) Ltd.

The Tribunal dismissed the Revenue's appeals on both issues. Regarding the low yield, the Tribunal found that the comparison with M/s Vehelna Steels Ltd. ... Addition made on account of low yield deleted – Held that:- CIT(A) was rightly of the view that the additions are not sustainable because have been made on estimated basis and moreover, the purchase and sales of the Company are verifiable because well recorded in the books of accounts and the AO was totally failure in bringing out any strong reason for such addition - the raw material as well as finished goods of the assessee appellant Co. are excisable and no adverse fact is on records - in the case of both the assessees the finding of the CIT(A) in deleting the addition on the reasoning that no defects were pointed out in the books of accounts of the assessee is justified on facts - no defects have been pointed out by the AO - best low yield could have triggered an enquiry however thereafter it is necessary for the AO to point out specific defects in the books of accounts of the assessee – thus, the order of the CIT(A) is upheld – Decided against revenue. Classification of commission income – Business income or income from other sources – Held that:- CIT (A) has rightly accepted the appeal of the assessee and held that the income from commission is to be assessed as income from business as disclosed by the assessee - there was no reason with the AO as to why and what circumstances, he has established this income as income from Other Sources and not as Business Income, as shown by the assessee company – thus, the order of the CIT(A) is upheld – Decided against revenue. Issues Involved:1. Deletion of addition on account of low yield.2. Classification of commission income under the head 'Income from Business' versus 'Income from Other Sources.'Detailed Analysis:Issue 1: Deletion of Addition on Account of Low YieldThe Assessing Officer (AO) made additions to the income of the assessees on account of low yield, comparing the yield rates with another company, M/s Vehelna Steels Ltd. The AO observed that the yield rate of the assessees was significantly lower than that of M/s Vehelna Steels Ltd., which led to the rejection of the books of accounts maintained by the assessees. The AO applied a higher yield rate based on the comparison and added the difference to the income of the assessees.The assessees appealed against this addition, and the Commissioner of Income Tax (Appeals) [CIT(A)] deleted the additions. The CIT(A) held that the assessees had maintained regular and proper books of accounts, including manufacturing records, which were produced before the AO. The CIT(A) noted that the yield depends on various factors like the quality of raw materials, finished goods, and labor involved. The CIT(A) also referred to past cases where similar additions were deleted, and the decisions were upheld by the ITAT.The Revenue appealed against the CIT(A)'s order, but the Tribunal upheld the CIT(A)'s decision. The Tribunal found that the comparison with M/s Vehelna Steels Ltd. was not justified as the raw material composition was different. The assessees used a higher percentage of sponge iron, which naturally resulted in a lower yield compared to M/s Vehelna Steels Ltd. The Tribunal concluded that no specific defects were pointed out in the books of accounts, and the low yield alone could not justify the addition.Issue 2: Classification of Commission IncomeThe AO treated the commission income received by the assessees as 'Income from Other Sources' instead of 'Income from Business.' The AO's decision was based on the lack of detailed evidence proving the genuineness of the services rendered to earn the commission income.The assessees appealed against this classification, and the CIT(A) directed the AO to assess the commission income under the head 'Income from Business.' The CIT(A) relied on past decisions where similar issues were resolved in favor of the assessees, and the commission income was accepted as business income.The Revenue appealed against the CIT(A)'s order, but the Tribunal upheld the CIT(A)'s decision. The Tribunal noted that the issue was already settled in favor of the assessees by the jurisdictional High Court in a similar case involving M/s Doaba Rolling Mills Pvt. Ltd. The High Court had dismissed the Revenue's appeal, affirming that the commission income should be assessed under the head 'Income from Business.'Conclusion:The Tribunal dismissed the Revenue's appeals on both issues. Regarding the low yield, the Tribunal found that the comparison with M/s Vehelna Steels Ltd. was unjustified, and no specific defects were pointed out in the assessees' books of accounts. Concerning the classification of commission income, the Tribunal upheld the CIT(A)'s decision to assess it under the head 'Income from Business,' relying on past judicial decisions and the High Court's ruling. The Tribunal confirmed the orders of the CIT(A) and dismissed the departmental appeals.