2021 (2) TMI 276 - AT - Income Tax

Tribunal rules in favor of assessee, rejecting unjustified Gross Profit addition under Section 145(3) and Section 144.

Deep Jyoti Company Versus Assistant Commissioner of Income Tax, Circle-5, Jaipur

Deep Jyoti Company Versus Assistant Commissioner of Income Tax, Circle-5, Jaipur - TMI Issues Involved:1. Sustaining the addition of Rs. 21,99,341 on account of Gross Profit by applying a higher Gross Profit Ratio.2. Rejection of books of accounts under Section 145(3) of the Income Tax Act.3. Application of Section 144 for best judgment assessment.Detailed Analysis:1. Sustaining the Addition of Rs. 21,99,341 on Account of Gross Profit:The primary issue in this appeal is the addition of Rs. 21,99,341 to the assessee's income by applying a Gross Profit (GP) ratio of 8.5% instead of the 7.99% declared by the assessee. The assessee argued that their books of accounts, which were audited and maintained as per accounting principles, showed better results compared to the previous year. The CIT (A) partially allowed relief by reducing the NP rate applied by the AO from 9% to 8.5%, but the assessee contended that even this was without any basis. The Tribunal noted that in the assessee's own case for the previous year, such an addition was deleted, considering the better trading results and the absence of any defects in the books of accounts.2. Rejection of Books of Accounts under Section 145(3):The AO rejected the assessee's books of accounts under Section 145(3) due to the alleged failure to provide details and confirmations of sundry creditors for labour and material amounting to Rs. 14,56,79,014. The assessee maintained that these creditors were for local labour and materials, typically below Rs. 1 lakh, and that proper books of accounts were maintained. The Tribunal emphasized that the AO did not find any defects in the books of accounts or the vouchers provided by the assessee. The rejection of books was deemed unjustified as the assessee had shown better trading results compared to previous years.3. Application of Section 144 for Best Judgment Assessment:The AO applied Section 144, determining the income based on a 9% NP rate, arguing that the assessee failed to prove the genuineness of liabilities. The assessee contended that they complied with all terms of notices issued under Sections 142(2A) and 143(2), making the application of Section 144 inappropriate. The Tribunal noted that the assessee's trading results were better than previous years, and no defects were found in the books of accounts. Thus, the application of Section 144 was considered illegal and unjustified.Conclusion:The Tribunal concluded that the assessee's books of accounts were properly maintained and audited, showing better trading results compared to previous years. The rejection of books under Section 145(3) and the application of Section 144 were deemed unjustified. Following the precedent set in the assessee's own case for the previous year, the Tribunal deleted the addition of Rs. 21,99,341, allowing the appeal in favor of the assessee.