2018 (7) TMI 1817 - HC - Income Tax

Court rules for Revenue, reinstates Assessing Officer decision, denies deductions for sales suppression, parties to bear costs.

THE COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM Versus M/s. ARCHANA TRADING CO.

THE COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM Versus M/s. ARCHANA TRADING CO. - TMI Issues Involved:- Whether sales suppression without purchase suppression can be considered as taxable incomeRs.Analysis:The case involved the assessment of a Bar attached hotel where a survey revealed sales suppression without any evidence of purchase suppression. The tax authorities determined turnover suppression based on the excess sales of Indian Made Foreign Liquor (IMFL) found during the survey. The First Appellate Authority and the Tribunal referred to a Gujarat High Court decision to argue that without purchase suppression, income suppression from sales could not be alleged. However, the High Court noted that the Gujarat case dealt with manufactured goods, while the present case involved liquor sales through a Bar Hotel, where purchases were exclusively made from a State-owned Corporation.The survey findings indicated discrepancies in sales figures, with sales at a much higher price than recorded in the accounts. The tax authorities estimated the additional income from the suppressed sales turnover and added it to the taxable income. The Court emphasized that since the purchases were from a State Corporation and accounted for, the entire sales suppression could be considered as income. The Court rejected the argument that the entire expenditure should be deducted, as the suppressed sales turnover was added as income in the assessment without further deductions.In conclusion, the Court ruled in favor of the Revenue, allowing the appeals, setting aside the orders of the appellate authorities, and reinstating the Assessing Officer's decision. The parties were directed to bear their respective costs.