Roop Square P. Ltd. v. ACIT (2022) 99 ITR 451 (Chd)(Trib)

S. 145 : Method of accounting-No defects in books of account-Estimation of GP was deleted-Forward dated bills duly accounted-Sufficient cash in hand-Deletion of addition is proper. [S.68, 145(3), 153A]

Held that  an insignificant defect in the books of account should not be the basis of rejection of entire books of account. There were no major defects pointed out by the Assessing Officer warranting the rejection of the books of account. Accordingly the estimation of Gross profit at 38-63 percent was held to be not justified. The addition was restricted to 20 percent of gross profit. Tribunal also held that once the revenue had been duly recorded in the books of account, it could not be treated or said to be unaccounted money or income and there was no allegation against the assessee that these sales were not recorded in the books at all and the only allegation was that they were entered on a later date. On perusal of the day-to-day cash book, there was sufficient cash in hand on those dates and even if the sales were taken out, the cash in hand did not become negative. The action of the Commissioner (Appeals) deleting the addition on account of unexplained cash credit  was held to be justified (AY.2017-18)