2016 (7) TMI 915 - HC - Income Tax

Court upholds rejection of account books, profit estimation, and undervaluation addition. Assessing Officer's actions unjustified.

Pr. Commissioner of Income Tax Versus Garden Silk Mills Ltd.

The High Court affirmed the decisions of the Commissioner (Appeals) and the Tribunal, rejecting the appeal challenging the rejection of books of account, ... Rejection of books of accounts - ITAT allowed the rejection - Held that:- The Commissioner (Appeals) examined each discrepancy pointed out by the Assessing Officer and after giving detailed reasons in respect thereof, found that none of the eight grounds taken by the Assessing Officer for rejecting the books of account are valid also confirmed by ITAT. Assessing Officer was not justified in rejecting the books of account of the assessee. Essentially therefore, the impugned order is based upon concurrent findings of fact recorded by the Tribunal after appreciating the material on record. The learned counsel for the appellant is not in a position to dislodge the findings of fact recorded by the Tribunal by pointing out any material to the contrary, nor is it the case of the revenue that the Tribunal has placed reliance upon any irrelevant material or that any relevant material has been ignored. Under the circumstances, in the absence of any perversity being pointed out in the findings of fact recorded by the Tribunal after appreciating the material on record, the conclusion arrived at by the Tribunal being based upon findings of fact, does not give rise to any question of law, much less, a substantial question of law warranting interference. - Decided against revenue Issues:1. Validity of rejecting books of account by Assessing Officer under section 145 of the Income Tax Act.2. Correctness of addition made by Assessing Officer based on estimation of gross profit.3. Sustenance of addition on account of undervaluation of work-in-progress in closing stock.4. Assessment of best judgment by Assessing Officer.5. Applicability of legal principles in rejecting books of account.Issue 1: Validity of rejecting books of account by Assessing Officer under section 145 of the Income Tax Act:The appellant, the revenue, challenged the order of the Income Tax Appellate Tribunal, which had upheld the Commissioner (Appeals)' decision to delete the addition made by the Assessing Officer based on the rejection of the books of account. The Assessing Officer had rejected the books of account due to eight discrepancies found during scrutiny assessment. However, both the Commissioner (Appeals) and the Tribunal concurred that the Assessing Officer was not justified in rejecting the books of account. The Commissioner (Appeals) provided detailed reasons for rejecting the Assessing Officer's grounds, emphasizing that the Assessing Officer failed to point out specific defects that would render the accounts unreliable. The Tribunal also supported this view, stating that insignificant defects should not be the basis for rejecting the entire books of account. The Tribunal's decision was based on the principle that the Assessing Officer must analyze each item's impact on profit before rejecting the books of account.Issue 2: Correctness of addition made by Assessing Officer based on estimation of gross profit:The Assessing Officer had estimated the profit of the assessee by making additions based on supposed suppression of gross profit. The Commissioner (Appeals) deleted the addition related to estimation of gross profit, finding that the Assessing Officer's rejection of the books of account was unjustified. The Tribunal upheld this decision, emphasizing that the Assessing Officer's estimation should have been based on valid grounds and material, as required under section 144 of the Act. The Tribunal noted that the Assessing Officer did not provide a proper analysis of the factors affecting the gross profit, such as the increase in raw material costs and the fall in sales realization. The Tribunal agreed with the Commissioner (Appeals) that the Assessing Officer's reasoning for rejecting the books of account was not legally tenable.Issue 3: Sustenance of addition on account of undervaluation of work-in-progress in closing stock:The Commissioner (Appeals) sustained the addition made on account of undervaluation of work-in-progress in the closing stock, to the extent of a specific amount. The Tribunal concurred with this decision, finding merit in the contention that the fall in gross profit was due to factors like increased raw material costs and decreased sales realization. The Tribunal highlighted that the Assessing Officer failed to provide a valid basis for the estimation of profit and that the rejection of books of account should not be done mechanically. The Tribunal supported the Commissioner (Appeals)' detailed analysis and reasoning for sustaining the addition related to undervaluation of work-in-progress.Issue 4: Assessment of best judgment by Assessing Officer:The appellant argued that the Tribunal failed to appreciate the evidence on record while upholding the Commissioner (Appeals)' decision. The appellant relied on the Supreme Court's decision in Kachwala Gems, emphasizing the element of guesswork in best judgment assessments. However, both the Commissioner (Appeals) and the Tribunal provided detailed reasons for rejecting the Assessing Officer's estimation and the rejection of books of account. The Tribunal stressed that the Assessing Officer should have made a proper assessment based on valid material and should not reject books of account on insignificant grounds.Issue 5: Applicability of legal principles in rejecting books of account:The Tribunal's decision was based on legal principles that the Assessing Officer must provide valid grounds for rejecting books of account and should not do so on insignificant defects. Both the Commissioner (Appeals) and the Tribunal emphasized the importance of a thorough analysis of the impact on profit before rejecting the books of account. The Tribunal's decision was supported by detailed reasoning and consideration of all relevant factors, ensuring that the rejection of books of account was justified based on legal principles.In conclusion, the High Court rejected the appeal, affirming the decisions of the Commissioner (Appeals) and the Tribunal regarding the rejection of books of account, estimation of gross profit, and addition related to undervaluation of work-in-progress. The Court found no perversity in the Tribunal's findings and upheld the principle that books of account should not be rejected on insignificant grounds, emphasizing the need for a thorough analysis before making additions to profit estimates.