2026 (2) TMI 310 - AT - Income Tax

Rejection of books and estimation of income in wholesale beer business leads to recomputation of profits at 0.50%.

Rejection of books of account under assessment led to estimation of income after AO concluded sales were inflated to suppress firm profit. The assessee ... Rejection of books of account u/s 145(3) - estimation of income on account of rejected books - AO concluded that the Assessee had inflated the sales in its records to reduce the profit of the firm HELD THAT:- Assessee had not satisfactorily explained the source of cash deposits made in Union Bank of India to prove that the deposits were made from explainable sources. It is the statement of the Assessee that the business receipts in the form of sale proceeds were received from the parties through account payee cheques. Hence, there was no mechanism for the Assessee to receive sale proceeds in cash so as to make it as an explainable source for the cash deposits made in the bank account. It is a fact that Assessee is engaged only in the wholesale business of dealing in beer and not liquor. Obviously, the profit margin for wholesale dealer dealing in beer would be less than the wholesale dealer dealing in liquor. Assessee had disclosed 0.15 percent net profit after interest on capital and partners remuneration. This net profit is increased to 0.50% for the year under consideration to take care of all the deficiencies pointed out. In my considered opinion, this would meet the ends of justice. Accordingly, AO is directed to re-compute the net profit of the Assessee at the rate of 0.50% of turnover and re-compute the total income accordingly. Appeal of the Assessee is partly allowed. Issues: Whether the Assessing Officer was justified in rejecting the assessee's books of account under Section 145(3) of the Income-tax Act, 1961 and in estimating the net profit at 1% of turnover in assessment completed under section 143(3) read with section 144B, and if so, whether the Tribunal should interfere with the estimation made by the AO or direct recomputation.Analysis: The Tribunal examined the factual discrepancies relied upon by the AO, including mismatches between sales recorded by the assessee and replies from certain trade debtors, unexplained cash deposits in the assessee's bank account, and discrepancies in rent payments with potential TDS implications under Section 194I. The Tribunal considered the legal framework permitting rejection of books where the AO is not satisfied about correctness or completeness of accounts under Section 145(3), and the consequent power to estimate net profits when books are rejected. The Tribunal found that some deficiencies (unexplained cash deposits and rent discrepancies) justified rejecting the book results in principle, but also noted that the AO had misconstrued aspects of the business (beer wholesale v. liquor) and that the AO's selection of 1% net profit was not adequately tailored to the facts of the case. The Tribunal applied the corrective discretion to fix a more appropriate profit rate responsive to the nature of the business and the deficiencies identified.Conclusion: The rejection of books under Section 145(3) is upheld in principle, but the AO's estimation at 1% is adjusted. The net profit is directed to be recomputed at 0.50% of turnover and the total income recomputed accordingly, resulting in the appeal being partly allowed in favour of the assessee.