2008 (12) TMI 823 - HC - Income Tax

Court overturns Tribunal's error in profit rate estimation, rules in favor of appellant. Decision deemed arbitrary.

M/s. SWADESHI COMMERCIAL CO. LTD. Versus THE COMM. OF INCOME TAX, W.B. -IV, CALCUTTA

The Court found that the Tribunal erred in estimating the gross profit rate without rejecting the books of account. As the appellant's accounts were ... - Issues involved: The judgment deals with the issue of whether the Tribunal misdirected itself in law by estimating the gross profit rate, despite the books of account not being rejected.Summary:The appellant, represented by Mr. J.P. Khaitan, challenged the Tribunal's decision regarding the estimation of gross profit for the assessment year 1993-94. The appellant, engaged in the paper business as a wholesaler, had shown a lower gross profit rate of 5.58% compared to previous years. Mr. Khaitan argued that the accounts were accepted by the Tribunal, and the books of accounts were not rejected, nor were any vouchers found unverifiable. The Commissioner of Appeal also acknowledged this fact in the order. Mr. Khaitan contended that the Tribunal's decision to partly allow the appeal in favor of the Department was arbitrary and lacked justification, as the profit rate and books of accounts were duly considered by the Commissioner of Appeal.On the other hand, Mr. Siddhartha Chatterjee, representing the Department, did not contest the issue raised by Mr. Khaitan. The Court, after considering the arguments presented, concluded that the Tribunal had erred in requiring the estimation of gross profit at a specific rate. Since the books of accounts were not rejected and were taken into account in deciding the matter, the Court found no merit in the Tribunal's decision. Consequently, the appeal was allowed, and the question was answered in favor of the assessee. The Court directed all parties to act on a signed copy of the order and provided for the issuance of an urgent certified copy upon request, subject to necessary formalities.