2021 (12) TMI 1035 - HC - Income Tax

Court upholds ITAT's assessment of total income at Rs. 50 lakh, emphasizing evidence-based accuracy. Revenue's appeals dismissed.

Pr. Commissioner of Income Tax-1, Jodhpur Versus Varha Infra Limited

Pr. Commissioner of Income Tax-1, Jodhpur Versus Varha Infra Limited - TMI Issues:1. Assessment of total income on adhoc basis without proper consideration of facts and evidence.2. Determination of income on adhoc basis despite technical mistakes in maintaining books of accounts.3. Reasonableness of estimating the N.P rate based on past 3 years despite technical mistakes.Analysis:Issue 1:The appeals were filed by the Revenue challenging the ITAT's orders assessing the total income of the assessee at Rs. 50 lakh on an adhoc basis. The Revenue contended that the ITAT erred in not considering the facts and evidence presented in the assessment order by the AO, highlighting the lack of proper maintenance of books of accounts by the assessee. The Revenue argued that despite acknowledging technical mistakes in the books of accounts, the ITAT assessed the income at Rs. 50 lakh only. The Revenue emphasized the importance of accurate assessment based on evidence.Issue 2:The ITAT observed technical mistakes in the maintenance of books of accounts by the assessee but noted a higher gross profit rate in the year under consideration compared to the preceding year. The ITAT justified the decline of contract expenditure claimed by the assessee based on the improved gross profit rate. Additionally, the ITAT found the profit and loss accounts of the assessee in order, supporting the allowance of interest expenditure and depreciation. The ITAT's assessment was based on a thorough examination of the available material and evidence, concluding that the findings were reasonable and not open to challenge.Issue 3:The ITAT's decision to estimate the N.P rate by considering the average rate of the past 3 years was questioned. Despite technical mistakes in maintaining books of accounts, the ITAT found the gross profit rate reasonable and allowed certain expenditures. The Court upheld the ITAT's decision, stating that it was a question of fact and evidence appreciation. The Court found no perversity in the ITAT's findings and concluded that no substantial question of law required adjudication under Section 260-A of the Income Tax Act, 1961.In summary, the Court dismissed the appeals filed by the Revenue, as it found them devoid of merit based on the thorough assessment conducted by the ITAT and the absence of substantial questions of law necessitating further adjudication.