Facts of the Case
The assessee, Savla Agencies, was engaged in business
activities and maintained regular books of account. During the assessment
proceedings, the Assessing Officer rejected the books of account and proceeded
to estimate the income, making additions to the declared income.
The additions were sustained by the Commissioner of Income Tax (Appeals). Aggrieved by the appellate order, the assessee filed an appeal before the Income Tax Appellate Tribunal, Allahabad.
Issues Involved
- Whether
rejection of books of account by the Assessing Officer was justified.
- Whether
additions made on estimated basis were legally sustainable.
- Whether
the assessment was made in accordance with statutory provisions.
Petitioner’s Arguments (Assessee)
- The
books of account were properly maintained and supported by records.
- No
material defects were pointed out to justify rejection of books.
- The
estimation of income was arbitrary and without reasonable basis.
- The
additions resulted in excessive and unjustified assessment of income.
- The
order of the CIT(A) confirming the additions was erroneous in law.
Respondent’s Arguments (Revenue)
- The
Assessing Officer found discrepancies warranting rejection of books.
- Estimation
of income was necessary to determine the correct taxable income.
- The
additions were reasonable and based on available material.
- The
orders of the lower authorities were valid and should be upheld.
Court Order / Findings (ITAT)
The Tribunal examined the assessment records and observed that
rejection of books of account must be supported by specific defects and
reasons. It held that estimation of income cannot be arbitrary and must be
based on rational material.
The Tribunal found that the Assessing Officer had not
established sufficient grounds to sustain the additions made on estimated
basis. Accordingly, the Tribunal granted relief to the assessee and
modified/removed the additions.
Important Clarification
The ruling emphasizes that:
- Books
of account cannot be rejected without pointing out specific defects.
- Estimated
additions must be reasonable and evidence-based.
- Arbitrary
assessment is not permissible under the Act.
- The
burden lies on the Revenue to justify rejection of accounts.
Link to download the order -
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