Kunan Mal Kalu Ram Jain and Co. v. ITO (2023) 203 ITD 182 (Jaipur) (Trib.)

S. 145 : Method of accounting-Fall in profit-Detailed explanation is furnished-Estimate profit rate at 4 per cent without rejecting books of account was not in accordance with law.

Assessee’s case is  selected for scrutiny on grounds that turnover shown in ITR was substantially lower in comparison to turnover shown in GSTR-1 return and GSTR 3 return and low income was shown compared to large commission receipts. Assessing Officer noted huge reduction in percentage of gross profit and net profit between two consecutive years. He, thus, computed net profit at 4 per cent of turnover and accordingly, made additions in income of assessee. Commissioner (Appeals) upheld order of Assessing Officer. Tribunal held that  the  assessee had filed detailed explanation for difference in GP and provided quantitative details of opening stock, purchases, sales and closing stock. Also assessee’s books of account were duly audited by an independent chartered accountant. Since assessee provided detailed explanation behind fall in profit rate, action of Assessing Officer to estimate profit rate at 4 per cent without rejecting books of account was not in accordance with law. (AY. 2018-19)