2020 (10) TMI 787 - AT - Income Tax

Tribunal overturns account rejection & unjustified NP rate application, deletes trading & other income additions

Dynamic Engineers Infratrack Pvt. Ltd. Versus Assistant Commissioner of Income Tax, Circle-1, Kota.

The Tribunal upheld the rejection of the books of account due to various defects but found the AO's application of the NP rate without a reasonable basis ... Estimation of income - NP Determination - rejection of books of accounts - AO while estimating the income of the assessee has applied the Net Profit rate of 6.50% for the assessment year 2010-11, 8.50% for the assessment years 2012-13 and 13-14 - HELD THAT:- AO has not made any efforts to find out the comparable rate of NP in identical business or otherwise prevailing rate in this business as carried out by the assessee. Even the AO has not considered the assessee’s own Net Profit declared in the preceding year which was not disputed by the Department, accordingly the adoption of NP rate @ 6.5% and 8.5% respectively without any basis or comparative instances is not justified. Hence, following case of M/s. Dynamic Engineers Ltd. Vs. ACIT [2020 (1) TMI 1104 - ITAT JAIPUR]the trading addition made by the AO is deleted. Addition under the head Income from Other Sources - HELD THAT:- Since the addition made by the AO on account of trading income based on net profit rate applied by the AO has been deleted and the income declared by the assessee is accepted while deciding the ground no. 1, then no separate addition on account of this income which are already part of the Profit & Loss account and considered in the total income declared by the assessee in the return of income is called for. Hence the addition made on this account is deleted. - Decided in favour of assessee. Issues Involved:1. Rejection of books of account under Section 145(3) of the Income Tax Act, 1961.2. Estimation of income by applying a Net Profit (NP) rate of 6.5% instead of the NP rate declared by the assessee.3. Separate addition of Rs. 85,848 under the head 'Income from Other Sources.'Detailed Analysis:1. Rejection of Books of Account under Section 145(3):The primary issue was the rejection of the assessee's books of account by the Assessing Officer (AO) under Section 145(3) of the Income Tax Act, 1961. The AO identified several defects during scrutiny assessment, including unverified TDS receipts, missing purchase bills, self-made vouchers for consumable goods and site expenses, and the absence of a site-wise consumption register. The Tribunal noted that the assessee's sister concern, engaged in similar business activities, faced identical issues which were previously decided against the assessee. The Tribunal upheld the AO's decision, emphasizing that the assessee failed to provide proper supporting evidence for various claims and did not maintain essential records like a site-wise consumption register, making it impossible to verify the correctness of the closing stock and work-in-progress.2. Estimation of Income by Applying NP Rate of 6.5%:The second issue concerned the AO's application of an NP rate of 6.5% instead of the 5.18% declared by the assessee. The Tribunal observed that the AO did not provide a reasonable basis or comparable cases to justify the applied NP rate. The Tribunal referenced a similar case involving the assessee's sister concern, where the past history of Gross Profit (GP) rates was used as a guideline. The Tribunal noted that the GP rates declared by the assessee in previous years were consistent and higher than the year under consideration. Consequently, the Tribunal found the AO's estimation without any comparative analysis unjustified and deleted the trading addition made by the AO.3. Separate Addition of Rs. 85,848 under 'Income from Other Sources':For the assessment year 2012-13, the AO made a separate addition of Rs. 85,848, including amounts received for administrative expenses, consultancy charges, and sundry balances written off. The Tribunal noted that since the trading addition based on the NP rate had been deleted and the income declared by the assessee was accepted, no separate addition for these amounts, which were already part of the Profit & Loss account, was warranted. Therefore, the Tribunal deleted the addition of Rs. 85,848.Conclusion:The Tribunal's judgment addressed the rejection of books of account and the estimation of income by the AO. The Tribunal upheld the rejection of the books of account due to various defects but found the AO's application of the NP rate without a reasonable basis unjustified. Consequently, the trading addition was deleted. Additionally, the Tribunal deleted the separate addition of Rs. 85,848 under 'Income from Other Sources,' as these amounts were already included in the assessee's declared income. The appeals were partly allowed.