2021 (4) TMI 1187 - AT - Income Tax

ITAT Adjusts Income Determination for Assessee to 4.5% Net Profit Rate

The ITAT partly allowed the Revenue's appeal in a case concerning the assessment year 2010-11. The ITAT modified the CIT(A)'s order by directing the ... Rejection of books of accounts - Estimation of profit - AO estimated the profit at 15% of gross receipt - CIT(A), on the basis of the offer given by the assessee to buy peace and to avoid future litigation, sustained the addition of 1% of the turnover over and above the returned income - HELD THAT:- When, in the preceding three years the net profit rate had varied from 4.26% to 5.94%, it is not understood as to how and why the ld.CIT(A) has accepted the offer given by the assessee of additional income of 1% of the turnover which makes the net profit rate of 2.84%. Considering the totality of the facts of the case and considering the fact that net profit rate from A.Y. 2007-08 to 2009-10 varied from 4.26% to 5.94% and the net profit rate for the current year was shown at 1.84%, estimation of net profit rate of 4.5% under the facts and circumstances of the case will meet the ends of justice. Accordingly, the order of the CIT(A) is modified and the AO is directed to adopt the net profit rate of 4.5% on the turnover of ₹ 14,85,42,058/- as the net income of the assessee. The grounds raised by the Revenue are accordingly partly allowed. Issues:Assessment of income based on non-cooperation of the assessee, acceptance of additional evidence by CIT(A), determination of net profit rate for the assessee, grounds of appeal raised by the Revenue.Analysis:The appeal before the ITAT Delhi concerned the assessment year 2010-11, where the Revenue challenged the CIT(A)'s order sustaining an addition of Rs. 14,85,421 over the returned income of the assessee. The AO had estimated the profit at 15% of the turnover due to non-attendance and lack of cooperation from the assessee during assessment proceedings. The CIT(A) accepted additional evidence under Rule 46A and directed an additional income of 1% of the turnover to be added, based on an offer by the assessee to avoid future litigation.The Revenue raised grounds questioning the acceptance of additional evidence and the net profit rate determination by CIT(A. The Revenue argued that the CIT(A) did not properly adjudicate the issue, and the assessee's non-cooperation during assessment should be considered. The assessee, on the other hand, relied on the CIT(A)'s order, presenting details of past years' assessments to support their case.Upon review, the ITAT found that the assessee failed to provide necessary details to substantiate income claims, leading to the AO's estimation of profit at 15% of turnover. The ITAT questioned the basis for accepting the offer of additional income by the CIT(A) and noted discrepancies in the net profit rates presented. Considering past years' profit rates, the ITAT modified the CIT(A)'s order, directing the adoption of a net profit rate of 4.5% on the turnover, resulting in a revised income determination for the assessee.Ultimately, the ITAT partly allowed the Revenue's appeal, modifying the CIT(A)'s order based on a more reasonable net profit rate calculation. The decision aimed to ensure fairness and justice in the assessment process, considering the facts and circumstances of the case.This detailed analysis highlights the key issues addressed in the judgment, including the assessment process, acceptance of evidence, and determination of income based on cooperation and past profit rates, leading to a modified decision by the ITAT for a more equitable outcome.