2017 (2) TMI 999 - AT - Income Tax

Tribunal orders 2% profit reduction, 8% turnover estimation for fair income computation. Recalculation without adhoc disallowances.

Shri Sunil R Shirodkar Versus ITO Wd 21 (3) (2), BKC Bandra (East), Mumbai

Shri Sunil R Shirodkar Versus ITO Wd 21 (3) (2), BKC Bandra (East), Mumbai - TMI Issues Involved:Assessment of disallowed purchases and labour charges based on non-production of required documents by the assessee. Estimation of gross profit by the Ld. CIT (Appeals) and subsequent reduction for competitive prices. Determination of further reduction in gross profit percentage. Adhoc disallowance towards purchases and labour charges.Analysis:Issue 1: Assessment of Disallowed Purchases and Labour ChargesThe assessing officer disallowed 20% of purchases and 10% of labour charges due to the assessee's failure to produce essential documents. The Ld. CIT (Appeals) considered the submissions but estimated the addition based on the average gross profit, reducing it by 2% for possible profit fall due to competitive prices. The Ld. DR supported this approach, emphasizing the lack of information provided by the assessee.Issue 2: Estimation of Gross ProfitThe Ld. CIT (Appeals) based the gross profit estimation on past years' performance, noting a substantial fall in gross profit percentage. The Ld. CIT (Appeals) rejected the book results due to missing documents and made a best judgment assessment. The average gross profit of 12% was further reduced by 2% for competitive prices, resulting in a 10% gross profit rate. This adjustment led to a short disclosure of profit, requiring an assessment of the additional amount.Issue 3: Determination of Further Reduction in Gross Profit PercentageUpon review, the Tribunal found the reduction in gross profit percentage by the Ld. CIT (Appeals) insufficient. A further reduction of 2% was directed, leading to an 8% gross profit estimation on the turnover. The Tribunal emphasized no adhoc disallowance for purchases and labour charges separately, aligning with the overall assessment approach.Issue 4: Adhoc Disallowance Towards Purchases and Labour ChargesThe Tribunal partly allowed the assessee's appeal, adjusting the gross profit percentage and directing the assessing officer to recompute the income accordingly. The decision aimed to address the discrepancies in the gross profit estimation and ensure a fair assessment without additional adhoc disallowances for purchases and labour charges.This detailed analysis highlights the assessment process, gross profit estimation methodology, adjustments made by the Ld. CIT (Appeals), and the Tribunal's decision to further refine the gross profit percentage for a more accurate income computation.