2019 (4) TMI 2172 - AT - Income Tax

Tribunal directs net profit rate for undisclosed gold sales, deletes disallowances, taxes only gross profit on excess stock

ITAT Kolkata allowed the assessee's appeal partially in a case involving undisclosed gold sales. The tribunal directed the AO to apply net profit rate ... Undisclosed profit on undisclosed sales of gold - Adopting the gross profit of suppressed sales as the income of the assessee, instead of the net profit on such suppressed sales - HELD THAT:- We direct the Assessing Officer to assess the income from undisclosed sales in question by applying the net profit rate in place of the “gross profit rate” as undisclosed sales. The net profit rate shall be that which the assessee had disclosed in its regular books of account for the said Assessment Year on recorded sales. In the result, this ground of the assessee is allowed in part. Disallowance u/s 40A(3) of the Act and Section 40(a)(ia) made when profits have been estimated as a percentage of turnover - HELD THAT:- We delete the disallowance made u/s 40A(3) and 40(a)(ia) of the Act as in this case, as the income has been estimated by the Assessing Officer. Hence, we allow this ground of the assessee. Taxation of excess stock found by the revenue during the course of survey - HELD THAT:- We direct the AO to tax only the gross profit embedded in the excess stock found for the Assessment Year. The balance addition is hereby deleted. In the result this ground of the assessee is allowed in part. ISSUES PRESENTED and CONSIDEREDThe primary issues considered in this judgment are:1. Whether the Assessing Officer was justified in adopting the gross profit of suppressed sales as the income of the assessee, rather than the net profit on such suppressed sales.2. Whether disallowances under Sections 40A(3) and 40(a)(ia) of the Income Tax Act can be made when profits have been estimated as a percentage of turnover.3. The appropriate method of taxation for excess stock discovered during a survey, specifically whether the entire value of the stock should be taxed or merely the gross profit embedded in it.ISSUE-WISE DETAILED ANALYSIS1. Suppressed Sales and Profit CalculationThe legal framework involves determining whether the gross or net profit should be taxed when sales are suppressed. The assessee cited precedents from the Bombay High Court and the Madhya Pradesh High Court, which support taxing the net profit from unaccounted sales. The Court found no contrary judgments presented by the Revenue, thus applying the established legal principle that only the net profit should be taxed. The Court directed the Assessing Officer to apply the net profit rate disclosed in the assessee's regular books for the relevant assessment year, allowing this ground of appeal in part.2. Disallowance under Sections 40A(3) and 40(a)(ia)The issue here concerns whether disallowances under these sections are applicable when income is estimated based on turnover. The assessee relied on a Supreme Court judgment, which held that no further additions under Section 40(a)(ia) could be made when income is calculated by applying a net profit rate. The Court found no contrary decisions from the Revenue, leading to the deletion of disallowances under Sections 40A(3) and 40(a)(ia), thereby allowing this ground of appeal.3. Taxation of Excess StockThe legal question involves whether the entire value of excess stock found during a survey should be taxed or just the profit element. The assessee referenced a jurisdictional High Court decision and a Tribunal ruling, which concluded that only the profit embedded in undisclosed purchases should be taxed. The Court, finding no contrary judgment from the Revenue, directed that only the gross profit from the excess stock should be taxed, deleting the balance addition. This ground of appeal was allowed in part.SIGNIFICANT HOLDINGSThe Court established several key principles in this judgment:1. 'The net profit rate shall be that which the assessee had disclosed in its regular books of account for the said Assessment Year on recorded sales.' This principle underscores the importance of assessing net rather than gross profits in cases of suppressed sales.2. 'No further addition could be made under Section 40(a)(ia) of the Act.' This holding clarifies that disallowances under Sections 40A(3) and 40(a)(ia) are inapplicable when income is estimated based on a net profit rate.3. 'Only the gross profit can be added to the income of the assessee and not the entire undisclosed stock.' This principle limits the taxable amount to the profit component of excess stock, rather than its full value.In conclusion, the Tribunal allowed the appeals in part, directing adjustments in the assessment of income based on the principles outlined in the judgment.