2010 (4) TMI 84 - HC - Income Tax

Appeal dismissed where books and vouchers produced; AO wrongly used gross profit ratio from wrong year, no legal question

HC dismissed the appeal, upholding facts found by ITAT and CIT(A) that the assessee's books and vouchers were produced though the stock register and some ... Best judgment assessment - Rejection of books of accounts u/s 145(3) - determination of gross profit on the basis of earlier years gross profit ratio - Books of Account as well as certain vouchers were produced, but, the stock register was not produced, claiming that no such register was being maintained - failure of the assessee to produce the persons to whom payments were made by the assessee for fabrication, embroidery and dyeing & finishing, etc. - HELD THAT:- Admittedly, the gross profit percentage declared by the assessee in the assessment year 2003-2004 which was the immediate preceding year, was more or less the same as was declared in the assessment year 2004-2005, to which this appeal pertains. However, the Assessing Officer, instead of applying the gross profit ratio declared in the immediate preceding year, applied the gross profit ratio declared in the assessment year 2002-2003, thereby failing to maintain the accepted principle of continuity and consistency. No ground at all has been given by the Assessing Officer for deviating from this accepted principle of assessment. In any case, the question whether fall in gross profit stood explained by the assessee or not is a question of fact. Both, the ITAT as well as CIT (Appeals) have accepted the explanation given by the assessee. This Court cannot disturb finding of fact unless some perversity is pointed out in the finding of the Tribunal which is otherwise the final authority on facts. No substantial question of law arises for our consideration in this case. The appeal is, accordingly, dismissed. Issues:1. Assessment of income based on gross profit ratio.2. Rejection of Books of Account by Assessing Officer.3. Application of Section 145(3) of the Income Tax Act.4. Failure to produce parties for verification of payments.5. Comparison of raw material consumption and finished goods production.6. Deviation from principle of continuity and consistency in assessment.Analysis:Assessment of income based on gross profit ratio:The appeal involved a dispute regarding the assessment of income for the A.Y. 2004-2005 based on the gross profit ratio declared by the assessee. The Assessing Officer rejected the Books of Account and computed income by taking the gross profit ratio from a previous year, resulting in an addition to the income. However, the CIT(A) and the Tribunal found the Assessing Officer's approach unjustified, emphasizing the principle of continuity and consistency in assessments. Citing relevant case law, the addition made by the Assessing Officer was ultimately deleted.Rejection of Books of Account by Assessing Officer:The Assessing Officer rejected the Books of Account produced by the assessee, leading to a dispute over the correctness and completeness of the accounts. However, both the CIT(A) and the Tribunal noted that no defects were found in the books and that the Assessing Officer failed to identify any discrepancies. This lack of evidence supported the decision to dismiss the appeal against the order of the CIT(A).Application of Section 145(3) of the Income Tax Act:Section 145(3) of the Act provides for assessment when the Assessing Officer doubts the correctness or completeness of the accounts. In this case, it was argued that the Assessing Officer did not point out any defects in the accounts maintained by the assessee, and both the CIT(A) and the Tribunal concurred that the application of Section 145(3) was unwarranted. The explanation provided by the assessee regarding the non-maintenance of a Stock Register was accepted as reasonable given the nature of the business.Failure to produce parties for verification of payments:The failure of the assessee to produce parties to whom payments were made for various expenses was highlighted. However, it was noted that the Assessing Officer had the authority to summon these parties for verification if necessary. The non-production of these parties was not deemed sufficient grounds for rejecting the accounts under Section 145(3) of the Act.Comparison of raw material consumption and finished goods production:The Assessing Officer did not identify any discrepancies in the consumption of raw material and production of finished goods compared to previous years. This lack of evidence undermined the Assessing Officer's position and supported the decision of the CIT(A) and the Tribunal in favor of the assessee.Deviation from principle of continuity and consistency in assessment:An important aspect of the case involved the Assessing Officer's deviation from the principle of continuity and consistency in assessments. Despite the similarity in gross profit percentages declared by the assessee in the immediate preceding year, the Assessing Officer applied a different ratio from an earlier year without justification. This deviation was considered unjustified, emphasizing the importance of maintaining consistency in assessments.In conclusion, the judgment highlighted the significance of maintaining consistency in assessments, the burden of proof on the Assessing Officer to identify discrepancies, and the need for justifying deviations from established principles. The decision ultimately favored the assessee based on the facts presented and the application of relevant legal principles.