2015 (7) TMI 1056 - AT - Income Tax

Addition on account of Bank Interest and Charges Interest on FDR and Figures of credit in P/L Account - enhancement of income by CIT(A) - Held that - We find that it is stated by the assessee before CIT (A) that the books were lost when the same were being taken to the place of the counsel of the assessee for preparation of appeal. Copy of FIR is also filed before CIT (A). We feel that under these facts the assessee was not in a position to bring necessary evidence on record in support of its contentions against the additions made by the A.O. and also against the enhancement proposed by CIT (A). Hence we feel that under these peculiar facts it is fit and proper to uphold the additions made by the A.O. but to delete the enhancement of Rs. 35 Lacs made by CIT (A) because in the absence of books best judgment assessment should be made and it was made by the A.O. We hold accordingly. - Decided partly in favour of assessee

Summary

Issues:
- Confirmation of additions on account of Bank Interest and Charges, Interest on FDR, and Figures of credit in P/L Account
- Enhancement made by CIT (A) of Rs. 35 Lacs

Analysis:
1. Confirmation of Additions: The assessee's appeal was against the order of the Learned CIT (A) concerning the assessment year 2010-11. The assessee raised 7 grounds, with the main grievances revolving around the confirmation of additions totaling Rs. 11,844 on Bank Interest and Charges, Rs. 134,703 on Interest on FDR, and Rs. 10,047 on Figures of credit in P/L Account. The A.O. estimated business income at Rs. 2,99,873 after rejecting the books under section 145(3) and applying a net profit rate of 8.5% of turnover. The assessee, due to the loss of books during appellate proceedings, was unable to provide evidence to challenge the additions. The CIT (A) did not allow the withdrawal of appeal and made an enhancement of Rs. 35 Lacs, which the assessee contested. The Tribunal upheld the additions made by the A.O. due to the loss of books but decided to delete the enhancement by CIT (A) considering the best judgment assessment already conducted by the A.O.

2. Enhancement by CIT (A): The assessee's inability to present evidence due to the loss of books during the appellate process was a crucial factor in the decision. The Tribunal acknowledged the circumstances under which the books were lost and the subsequent challenges faced by the assessee in providing supporting documentation. Given these unique facts, the Tribunal concluded that while the additions made by the A.O. were to be upheld, the enhancement of Rs. 35 Lacs imposed by CIT (A) was unjustified and therefore deleted. The Tribunal emphasized the importance of a best judgment assessment in the absence of crucial evidence, thus ruling in favor of the assessee on this particular issue.

In conclusion, the Tribunal partially allowed the appeal of the assessee, upholding the additions made by the Assessing Officer but deleting the enhancement imposed by the CIT (A). The judgment highlighted the significance of the loss of books during the appellate process and the impact it had on the assessee's ability to provide evidence, leading to a nuanced decision by the Tribunal to balance the interests of both parties involved.