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2025 (7) TMI 188 - HC - Income TaxNP rate determination - method of accounting - assessee in the course of proceedings before the ITSC Kolkata had on suo motu basis rejected his books of accounts and admitted 10% net profit to the total gross receipts - scope of res judicata - HELD THAT - The existence of infirmities and discrepancies in the accounts maintained by the assessee is sine qua non for invoking the provisions of Section 145(3) of the IT Act. Unless and until the infirmities and discrepancies are expressly noticed by the AO in the accounts maintained by the assessee Section 145(3) of the IT Act cannot be invoked. Similarly the principle of res judicata does not apply to the assessment proceeding. It is well settled principle of law that in taxation matters the strict rule of res judicata as envisaged by Section 11 of the Code of Civil Procedure 1908 has no application. As a general rule each year s assessment is final only for that year and does not govern later years because it determines the tax for a particular period. It is therefore open to the Revenue/Taxing Authority to consider the position of the assessee every year for the purpose of determining and computing the liability to pay tax or octroi on that basis in subsequent years. A decision taken by the authorities in the previous year would not estop or operate as res judicata for subsequent year. See VIDYUT METALLICS LTD. AND ANOTHER 2007 (9) TMI 399 - SUPREME COURT The Supreme Court in the matter of M.M. Ipoh and others v. Commissioner of Income Tax Madras 1967 (7) TMI 8 - SUPREME COURT has clearly held that the doctrine of res judicata does not apply so as to make a decision on a question of fact or law in a proceeding for assessment in one year binding in another year. As in Dhakeswari Cotton Mills Limited 1954 (10) TMI 12 - SUPREME COURT (LB) as clearly held that in making the assessment the Income Tax Officer is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. In the present case both the authorities have clearly held that the adoption of net profit @ 10% of the total gross receipts by the AO has been made on pure guess work only and record of the assessee has not been found deficient and no infirmity or defect was noticed by the AO therefore Section 145(3) of the IT Act could not be invoked and assessment could not have been done holding 10% net profit of the total gross receipts making best judgment assessment under Section 144 of the IT Act. In that view of the matter the concurrent finding of the two Courts below CIT (Appeals) and the ITAT partly interfering with the order of the AO is in accordance with law and the substantial question of law is answered in favour of the assessee and against the Revenue.
1. ISSUES PRESENTED and CONSIDERED
The core legal question considered by the Court was whether the learned Income Tax Appellate Tribunal (ITAT) erred in not accepting the net profit (NP) rate of 10% for the assessment year 2014-15, when the assessee had voluntarily accepted a 10% NP rate before the Income Tax Settlement Commission (ITSC) for preceding assessment years and there was no change in the business or modus operandi. More specifically, the issue was whether the NP rate determined and accepted for the block period assessment years 2006-07 to 2012-13 could be applied to the assessment year 2014-15 in the absence of any infirmity or defect in the books of accounts for the latter year, and whether the Assessing Officer (AO) was justified in rejecting the books of accounts under Section 145(3) of the Income Tax Act, 1961 ("IT Act") and making a best judgment assessment under Section 144 based on the 10% NP rate. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Whether the net profit rate of 10% accepted before the ITSC for block period assessment years can be applied to the assessment year 2014-15 in the absence of any defect in books of accounts for that year Relevant legal framework and precedents: Section 145(3) of the IT Act empowers the AO to reject the books of accounts if he is not satisfied about their correctness or completeness or if the method of accounting is not regularly followed, and to make an assessment under Section 144 on a best judgment basis. However, the AO must point out specific defects or irregularities in the accounts to invoke this provision. The principle of res judicata does not apply to income tax assessments for different years, as each year's assessment is independent. This has been settled by the Supreme Court in various decisions including M.M. Ipoh v. Commissioner of Income Tax and Municipal Corporation of City of Thane v. Vidyut Metallics Ltd., which held that findings in one year's assessment are not binding on subsequent years, though they may be cogent evidence. Court's interpretation and reasoning: The Court noted that for the block period (2006-07 to 2012-13), the assessee had voluntarily accepted a 10% NP rate before the ITSC, which was accepted by the Commission. However, for the assessment year 2014-15, the AO examined the books of accounts, bills, vouchers, and other evidences and did not find any irregularities or defects. Despite this, the AO invoked Section 145(3) and passed an assessment order under Section 143(3) adopting the 10% NP rate based on the assessee's admission in the earlier years. The Court emphasized that the AO did not record any specific finding of infirmity or defect in the books of accounts for 2014-15 to justify rejection under Section 145(3). Key evidence and findings: The AO's reliance on the earlier ITSC proceedings and the assessee's admission for the block period was not supported by any material showing defects in the books for 2014-15. The CIT (Appeals) and ITAT found that the AO's adoption of 10% NP for 2014-15 was based on guesswork without pointing out any infirmities. The CIT (Appeals) found the net profit rate to be 5.37% based on the books of accounts. Application of law to facts: Since no defect or irregularity was found in the books of accounts for 2014-15, the AO could not reject the books under Section 145(3) and make a best judgment assessment under Section 144. The prior acceptance of 10% NP for earlier years did not bind the AO for the subsequent year. The principle of res judicata was inapplicable. Treatment of competing arguments: The Revenue argued that the assessee had voluntarily rejected books for earlier years and admitted 10% NP, which should be binding for 2014-15. The assessee contended that the AO was obligated to point out specific defects in the books for 2014-15 before rejecting them and that res judicata did not apply. The Court sided with the assessee, holding that the AO failed to discharge the statutory duty under Section 145(3) and could not rely on earlier admissions without fresh evidence. Conclusions: The Court concluded that the AO's rejection of books for 2014-15 and adoption of 10% NP was not sustainable. The CIT (Appeals) and ITAT rightly held the net profit at 5.37% based on books of accounts. The prior acceptance of 10% NP for block period years was not binding for 2014-15. Issue 2: Whether the principle of res judicata applies to income tax assessments for different years Relevant legal framework and precedents: The principle of res judicata, as per Section 11 of the Code of Civil Procedure, 1908, does not apply strictly in tax matters. Each assessment year is treated as a separate proceeding. Supreme Court rulings in Municipal Corporation of City of Thane v. Vidyut Metallics Ltd. and M.M. Ipoh v. Commissioner of Income Tax have clarified that findings in one year's assessment are not binding in subsequent years, though they may be relevant evidence. Court's interpretation and reasoning: The Court reiterated that the AO could not mechanically apply the 10% NP rate accepted for earlier years to the assessment year 2014-15. The facts and circumstances of each year must be examined independently. The doctrine of res judicata does not prevent the AO from making an independent assessment for each year. Key evidence and findings: The AO's reliance on the earlier ITSC order and the assessee's admission for the block period was contrary to settled legal principles. The CIT (Appeals) and ITAT correctly held that res judicata was not applicable. Application of law to facts: The AO's approach was contrary to the legal position that each year's assessment is separate and the principle of res judicata does not apply to bind the AO for subsequent years. Treatment of competing arguments: The Revenue argued for binding effect of the earlier admission. The assessee and the Court rejected this, emphasizing independent assessment. Conclusions: The Court held that the principle of res judicata does not apply to assessments for different years and the AO must examine the facts and accounts for the relevant year independently. Issue 3: Whether the AO can make an assessment based on guesswork without evidence or material Relevant legal framework and precedents: The Supreme Court in Dhakeswari Cotton Mills Limited v. Commissioner of Income Tax held that the AO is not entitled to make an assessment based on pure guesswork without reference to any evidence or material. There must be something more than bare suspicion to support an assessment under Section 23(3) of the Income Tax Act, 1922 (analogous to Section 145(3) of the IT Act, 1961). Court's interpretation and reasoning: The Court found that the AO's adoption of 10% NP for 2014-15 was made without pointing out any infirmity or defect in the books of accounts and hence was pure guesswork. The CIT (Appeals) and ITAT rightly held that such assessment was not sustainable. Key evidence and findings: No material or evidence was brought on record by the AO to justify rejection of books or adoption of 10% NP for 2014-15. The AO's order was based on prior admissions for earlier years, not on fresh evidence. Application of law to facts: The AO's assessment was contrary to the settled legal principle that an assessment cannot be based solely on guesswork and must be supported by evidence or material. Treatment of competing arguments: The Revenue's reliance on prior admissions without fresh evidence was rejected. The assessee's books were found reliable for 2014-15. Conclusions: The Court upheld the finding that the AO's assessment was guesswork and not in accordance with law. 3. SIGNIFICANT HOLDINGS "The Assessing Officer cannot reject the books of accounts maintained by the assessee under Section 145(3) of the Income Tax Act, 1961, unless he points out specific defects or infirmities in such books. Mere acceptance of a net profit rate by the assessee before the Settlement Commission in respect of earlier assessment years cannot be mechanically applied to a subsequent year without examining the correctness of accounts for that year." "The doctrine of res judicata does not apply to income tax assessments for different years. Each year's assessment is a separate proceeding and findings in one year are not binding on another year, though they may be relevant evidence." "An assessment under Section 144 of the Income Tax Act cannot be based on pure guesswork or suspicion without any material or evidence. The Income Tax Officer is bound to have some basis for rejecting the books and making a best judgment assessment." "In the absence of any infirmity or defect in the books of accounts for the assessment year 2014-15, the Assessing Officer was not justified in invoking Section 145(3) and making an assessment adopting 10% net profit rate on the basis of prior admissions for the block period." "The concurrent findings of the CIT (Appeals) and the ITAT that the net profit rate for the assessment year 2014-15 should be 5.37% based on the books of accounts are in accordance with law and are upheld." The substantial question of law was answered in favour of the assessee and against the Revenue, resulting in dismissal of the Revenue's appeal.
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