2021 (10) TMI 407 - AT - Income Tax

Tribunal confirms 2% gross profit rate estimation, dismisses assessee's appeal. Order pronounced 01/10/2021.

Sh. Narender Kumar Anand Versus ITO, Ward-35 (3), New Delhi

The tribunal upheld the decision of the CIT(A) and the AO, rejecting the books of accounts and confirming the estimation of the gross profit rate at 2% of ... Rejection of books of accounts - estimation of profits - Assessment of gross profits of the assessee at 2% of gross sales - HELD THAT:- As in this case, the assessee has shown very less profit as against huge turnover. Notices were sent to the parties to verify the purchases/sales. Notices were also issued to the sundry debtors and creditors. None of the sundry debtors confirmed the transactions. Even, most of the notices were received with report of the postal authority “no such firm”. Even one of the party namely Vandana International Export (Jaipur) has categorically denied any kind of financial or trade transaction with the assessee. Under such circumstances, in our view, the action of the Assessing Officer in rejecting the books of accounts was justified. As the assessee did not provide any comparative data in respect of wholesaler of the Tobacco products. Considering the profit rate of the manufacturers, the Assessing Officer estimated the gross profit rate of 2% on the gross sales declared. CIT(A) has also elaborately discussed and justified the action of the Assessing Officer for which we do not find any reason to interfere with. At this stage, the Ld. Counsel for the assessee has submitted that the assessee may be given the deduction of the statutory taxes paid /CST. No justification in this respect as while estimating the gross profits, all the expenditures including the taxes paid have been taken into consideration. There is no merit in the appeal of the assessee. Issues Involved:1. Legitimacy of the order passed by the CIT(A).2. Justification of the arbitrary addition made by the AO.3. Rejection of the books of accounts by the AO.4. Estimation of gross profit rate by the AO.Issue-wise Detailed Analysis:1. Legitimacy of the Order Passed by the CIT(A):The assessee challenged the order dated 18.09.2017 by the CIT(A), arguing that it was based on 'surmises, suspicion, and conjectures.' The CIT(A) upheld the arbitrary addition made by the AO, which the assessee contended was against the law, especially given the AO's own admission that 'no comparative GP rate of such trading in Tobacco is available in any other case.'2. Justification of the Arbitrary Addition Made by the AO:The AO made an addition of Rs. 1,44,13,587.00, which the CIT(A) upheld. The assessee argued that the CIT(A) ignored the comparative chart of margins in the same trade and did not consider the settled principles of law that estimates should be legitimate, just, and cogent based on the material available on record. The AO observed that the assessee showed a gross profit of only 0.13% of the purchases, which appeared meager compared to the turnover. Notices issued to sundry debtors and creditors returned with adverse comments or no response, leading the AO to doubt the transactions' authenticity.3. Rejection of the Books of Accounts by the AO:The AO rejected the books of accounts under section 145(3) of the Income Tax Act, 1961, after noting discrepancies in the addresses and responses from sundry debtors and creditors. The AO found that the sales and sundry debtors were not confirmed by the respective parties, with one party, Vandana International Export (Jaipur), categorically denying any transactions with the assessee. The CIT(A) concurred, stating that the non-confirmation or partial confirmation of accounts by sundry debtors/creditors justified the rejection of the books of accounts.4. Estimation of Gross Profit Rate by the AO:The AO estimated the gross profit rate at 2% of the gross sales, citing the lack of comparative data for wholesalers in tobacco products. The AO referenced manufacturers like Kothari Products Limited and Tirupati Fragrances Limited, whose profit margins were 2.39% and 3.65%, respectively. The CIT(A) upheld this estimation, stating that the assessee did not provide any comparative data for wholesalers. The CIT(A) emphasized that the AO's estimation was justified given the circumstances and the lack of reliable sales figures provided by the assessee.Conclusion:The tribunal upheld the decision of the CIT(A) and the AO, rejecting the books of accounts and confirming the estimation of the gross profit rate at 2% of the gross sales. The appeal of the assessee was dismissed, and the order was pronounced in the open court on 01/10/2021.