MRS. DEVI MAGESH BABU,ARNI vs. ITO WARD 2, CHENNAI
What did the Tribunal hold?
The Tribunal held that the AO's disallowances were made without proper inquiry, without putting findings to the assessee for rebuttal, and without examining relevant parties. The basis for estimating profit per litre was also unclear.
What were the facts?
The assessee, running a petrol bunk, declared a net profit of ₹14 lakhs on a turnover of ₹44.53 crores. The Assessing Officer (AO) made disallowances on salary payments and business promotion expenses, estimating income based on profit per litre.
What were the issues?
Whether the disallowances made by the AO were justified without proper inquiry and opportunity to the assessee, and the validity of estimating income without rejecting books of accounts.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘ C’ SMC BENCH : CHENNAI
Before: SHRI GEORGE MATHAN
आदेश / O R D E R
This is an appeal filed by the assessee against the order of the Commissioner of Income-tax (Appeals)-13, Chennai in dated 19.09.2017 for the assessment year 2014-15
Shri P.S.Prabhakar represented on behalf of the Assessee and 2.
Shri B.Sagadevan represented on behalf of the Revenue.
It was submitted by ld.A.R that assessee runs petrol bunk of IOC at Vellore. It was a submission that the turnover of assessee was `44.53 crores and the net profit declared was `14 lakhs. It was a submission that the ld. Assessing Officer on presumption that the salaries paid by the assessee to the staff at `15,250/- was excessive, determined the salary paid per employee at `5,000/- per month and made corresponding disallowance. It was a submission that the ld. Assessing Officer had also disallowed business promotion expenses of `1,48,111/-, which was the expenditure incurred by the assessee on one of the vehicles of its customers in which the employee of the assessee had filled petrol instead of diesel and it had resulted substantial repairs to the vehicle. It was a submission that consequently ld. Assessing Officer had estimated the income of assessee by taking the profit earned at 20 paise per litre (Diesel/Petrol). It was a submission that no estimation can be done to the assessee’s income, unless books were rejected by the ld. Assessing Officer. It was a prayer that the addition made by ld. Assessing Officer amounting to `13,73,445/- along with penalty proceedings u/s.271(1)(c) of the Act may be deleted.
In reply, the ld.D.R submitted that books of accounts had been called for in the course of assessment proceedings, which is evident in pages 1 & 2 of the assessment order. It was a submission that no books were produced and consequently, there was nothing for the ld. Assessing Officer to reject. It was a further submission that as the books had not been produced, the hands of the ld. Assessing Officer were tied and the same had resulted in the estimation. It was a further submission by ld.D.R that he had no objection, if the issues are restored to the file of ld. Assessing Officer for denovo assessment. To this proposition, the ld.A.R also fairly endorsed the view of the ld.D.R and agreed that the issues may be restored to the file of ld. Assessing Officer.
I have considered the rival submissions. A perusal of para-5 of the assessment order shows that salary paid by the assessee to her employee at `15,250/- per month has been rejected, and the salary taken at `5,000/- per month. This has been done on the basis of inquiry done by the Inspector attached to the Assessing Officer’s office. It is noticed that this has not been put to the assessee for rebuttal. Further, the ld. Assessing Officer has rejected the assessee’s claim of business promotion expenditure without examining the vehicle owner. The ld. Assessing Officer has also not examined whether the vehicle had actually incurred the said expenditure and whether insurance had been claimed on the same. Further, how the ld. Assessing Officer has determined 20 paise per litre (Diesel/Petrol) as a profit earned is also not coming out of the assessment order. A perusal of assessment order also admittedly shows that there is no recording of the books having been produced before the ld. Assessing Officer.
This being so, in the interest of natural justice and for determining the correct facts, the issues in the appeal are restored to the file of ld. Assessing Officer for re-adjudication after granting the assessee adequate opportunity to substantiate her case.
In the result, the appeal of the assessee is partly allowed for statistical purposes.
Order pronounced in the open court after conclusion of hearing on 20th November, 2018, at Chennai.
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