2019 (8) TMI 467 - HC - Income Tax

Engineering company's appeal challenging tax addition dismissed, no manipulation found, importance of evidence emphasized

Pr. Commissioner of Income Tax -15 Versus Pharmalab Engineering India Pvt. Ltd.

The Tribunal dismissed the appeal challenging the addition made by the Assessing Officer, ruling in favor of the engineering company. The Tribunal found ... Addition on account of suppression of profit - AO made additions inter alia on the ground of lower GP rate in the present year - CIT(A) granted partial relief being calling for remand report - ITAT deleted the addition - HELD THAT:- Tribunal after detail consideration came to the conclusion that the assessee's books were not rejected. Merely because, in the present year, the assessee had reflected lower margin, would not be a ground for making additions. Most significantly, the assessee had explained the reason for sale of products to its sister concern at a lower rate than that of the assessee had supplied to the other purchasers by pointing out that the price quoted to the sister concern was minus sales tax component since the product was meant for export. The entire issue is based on appreciation of evidence on record. No question of law arises. The Appeal is dismissed. Issues:Challenge to the judgment of the Income Tax Appellate Tribunal regarding the addition made on account of suppression of profit.Analysis:The respondent, an engineering company, filed a return of income for the assessment year 2008-09. The Assessing Officer made additions due to a lower gross profit rate. The CIT(A) granted partial relief, and the matter was appealed to the Tribunal. The Tribunal deleted all additions, stating that the gross profit margin was lower in the current year compared to the preceding year. The Tribunal noted that the Assessing Officer did not include all manufacturing costs while computing the gross profit margin. The Tribunal accepted the assessee's explanation for selling products to its sister concern at a lower price, attributing it to the exclusion of sales tax for export purposes. The Tribunal found no evidence of deliberate manipulation of accounts to suppress profits and ordered the deletion of the addition.The Tribunal emphasized that the assessee's books were not rejected and that a lower margin in the current year does not warrant additions. The explanation provided by the assessee regarding the pricing to the sister concern was accepted. The Tribunal concluded that no question of law arose, and the appeal was dismissed.In summary, the Tribunal's judgment focused on the lack of evidence supporting profit suppression, acceptance of the assessee's explanations for pricing differences, and the absence of legal grounds for sustaining the addition. The decision highlighted the importance of considering all relevant factors and evidence in assessing profit margins and rejecting unfounded allegations of account manipulation.