2025 (2) TMI 290 - AT - Income Tax

CIT(A) restricts gross profit estimation to 1% instead of AO's 1.5% after rejecting assessee's books of accounts

The ITAT Delhi upheld CIT(A)'s decision to restrict gross profit estimation to 1% instead of AO's 1.5% after rejecting the assessee's books of accounts. ... Rejection of books of accounts - GP estimation - HELD THAT:- AO has rejected accounts and estimated the GP in respect of turnover shown by the assessee, hence, CIT(A) has taken a correct view that once the books of accounts are rejected, it does not warrant any adhoc addition. Accordingly, he rightly restricted the GP @ 1% instead of 1.5% estimated by the AO. During the hearing, both the parties fairly agreed that restricting the GP @1% by the Ld. CIT(A) serves the end of justice, which does not need any interference. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this case were:Whether the Commissioner of Income Tax (Appeals) [CIT(A)] erred in accepting additional evidence without confronting the Assessing Officer (AO), contrary to Rule 46A.Whether the CIT(A) erred in deleting certain additions without calling for a remand report from the AO, especially given that the assessment was completed under section 144 of the Income Tax Act.Whether the CIT(A) was correct in estimating the Gross Profit (GP) rate at 1% instead of 1.5% as estimated by the AO.Whether the CIT(A) erred in deleting the addition made by the AO regarding unsubstantiated purchases and sundry creditors.Whether the CIT(A) was justified in sustaining certain disallowances and additions made by the AO, including those related to capital account additions and unexplained credits.Whether the CIT(A) erred in sustaining disallowance of deductions claimed under Chapter VI-A of the Income Tax Act.ISSUE-WISE DETAILED ANALYSIS1. Acceptance of Additional Evidence and Lack of Remand ReportThe Revenue argued that the CIT(A) accepted additional evidence without confronting the AO, violating Rule 46A, and deleted additions without a remand report. The Tribunal noted that CIT(A) had the discretion to accept additional evidence if it served the interest of justice. However, the Tribunal did not find any procedural irregularity significant enough to warrant overturning the CIT(A)'s decision.2. Estimation of Gross Profit RateThe AO had rejected the books of accounts and estimated a GP rate of 1.5%. CIT(A) reduced this estimation to 1%, considering it more appropriate given the circumstances. The Tribunal agreed with CIT(A)'s rationale that once books are rejected, ad-hoc additions are unwarranted, and a 1% GP estimation was reasonable. Both parties concurred with this conclusion.3. Deletion of Additions for Unsubstantiated Purchases and Sundry CreditorsThe AO made substantial additions for unverifiable purchases and sundry creditors. CIT(A) deleted these additions, reasoning that once the books were rejected, such ad-hoc additions were not justified. The Tribunal upheld this view, noting that purchases were considered in the GP estimation, and the AO did not provide sufficient evidence to substantiate the additions.4. Sustenance of Disallowances and AdditionsThe CIT(A) sustained certain disallowances and additions, including those related to capital account additions and unexplained credits. The Tribunal agreed with CIT(A)'s reasoning that the assessee failed to provide adequate evidence or reconciliation for these items. The Tribunal found no error in sustaining these additions.5. Disallowance of Deductions under Chapter VI-AThe CIT(A) sustained the disallowance of deductions claimed under Chapter VI-A due to a lack of evidence from the assessee. The Tribunal concurred, noting that the assessee failed to provide necessary documentation to support the claimed deductions.SIGNIFICANT HOLDINGSThe Tribunal affirmed the CIT(A)'s decision to restrict the GP rate to 1%, emphasizing that once books are rejected, ad-hoc additions are not warranted. The Tribunal also upheld the deletion of additions related to unsubstantiated purchases and sundry creditors, as these were already considered in the GP estimation. Furthermore, the Tribunal agreed with the CIT(A) on sustaining disallowances and additions where the assessee failed to provide sufficient evidence.The Tribunal's core principles established include the importance of evidence and procedural fairness in tax assessments. It highlighted that once books are rejected, further additions require substantial justification. The Tribunal's final determination was to dismiss both the Revenue's and Assessee's appeals, affirming the CIT(A)'s order in its entirety.