2020 (5) TMI 186 - AT - Income Tax

Tribunal orders income estimation at gross profit level, remands case for fresh review.

The Tribunal upheld the rejection of the books of accounts for both assessment years due to discrepancies and deficiencies. However, it determined that ... Rejection of books of accounts - GP Estimation - HELD THAT:- After rejection of book results, the rate of gross profit could be determined by considering the gross profit level declared by comparable cases. While we agree with the view of the CIT(A) that the profit should have been estimated at “Gross profit level”, we notice that the CIT(A) has not brought any comparable cases to determine the Gross profit rate at 4.50% in both the years. There is fallacy in the approach of the CIT(A) which cannot be upheld. We also notice that there was no occasion for the assessing officer to examine various expenses claimed by the assessee, since he had estimated the net profit. We are of the view that matters relating to estimation of gross profit rate by considering comparable cases and examination of various expenses claimed by the assessee require fresh examination at the end of the assessing officer. Accordingly, we set aside the orders passed by CIT(A) in both the years and restore the issues relating to estimation of gross profit rate and examination of various expenses claimed by the assessee in both the years to the file of the assessing officer, who shall examine them in accordance with law after affording adequate opportunity of being heard to the assessee. Issues Involved:1. Rejection of books of accounts for AY 2012-13 and AY 2013-14.2. Estimation of income at net profit versus gross profit level for AY 2012-13 and AY 2013-14.Issue-wise Detailed Analysis:1. Rejection of Books of Accounts:The primary issue revolves around the rejection of the books of accounts for the assessment years 2012-13 and 2013-14. The Assessing Officer (AO) rejected the books of accounts for both years, estimating the total income at 4.50% of the turnover. The Ld CIT(A) upheld the rejection for AY 2013-14 due to deficiencies found during the search but did not find justification for the rejection in AY 2012-13, as no specific deficiencies were pointed out by the AO for that year. However, the Ld CIT(A) accepted the assessee’s contention that the estimate should be made at the gross profit level rather than the net profit level.The assessee argued that all queries raised by the AO were addressed and that the AO did not find any specific deficiency for AY 2012-13, merely following the decision for AY 2013-14. The Revenue, however, contended that the search revealed the books were unreliable and that the deficiencies pertained to the overall state of business affairs, not just the year of search. The Tribunal noted discrepancies between the explanations offered by the assessee and Mr. Challani regarding the diamond studded jewellery, differences in stock values, and various other inconsistencies in stock records and sales bills. Despite the assessee’s explanations, the Tribunal found them self-supporting and lacking third-party evidence, justifying the AO’s rejection of the books for both years.2. Estimation of Income:The second issue concerns the method of estimating income. The AO estimated the net income at 4.50% of the turnover, while the Ld CIT(A) estimated the gross profit at the same rate, allowing deductions for expenses. The Tribunal agreed with the Ld CIT(A) that the profit should be estimated at the gross profit level but noted that the Ld CIT(A) did not provide comparable cases to justify the 4.50% rate. Consequently, the Tribunal found the approach of the Ld CIT(A) flawed and decided that the estimation of the gross profit rate and the examination of various expenses claimed by the assessee required fresh examination by the AO. The Tribunal set aside the orders of the Ld CIT(A) and remanded the matters back to the AO for a fresh examination in accordance with the law.Conclusion:The Tribunal concluded that the rejection of the books of accounts by the AO for both assessment years was justified due to various discrepancies and deficiencies. However, the estimation of income should be at the gross profit level, and the AO must re-examine the gross profit rate and the expenses claimed by the assessee. Both appeals by the assessee and the revenue were allowed for statistical purposes, and the matters were remanded to the AO for further examination.