2002 (4) TMI 26 - HC - Income Tax

Estimated net profit rate after rejecting accounts: whether third-party loan interest can be allowed separately; adjustment upheld

Where income was determined by applying an estimated net profit rate based on past history after rejection of accounts, the issue was whether interest on ... Rejection Of Accounts - Estimation Of Profits - net profit rate disclosed in the books of account - Whether the Income-tax Appellate Tribunal was justified in law allowing interest paid to third parties. - HELD THAT:- It was apparent from the background of the determination of the assessee's income on estimated basis that throughout the net profit rate disclosed by the assessee, has been computed and taken into account by the Assessing Officer to determine the trading results prior to allowance of depreciation and payment of interest to the third parties and has himself determined the net profit rate to be applied subject to similar appropriation. Once the basic premise was founded on past history which was apparently denoting towards fixing of net profit rate by the assessing authority vis-a-vis the net profit rate declared by the assessee by excluding the element of depreciation and interest on borrowings whether in computing the net profit rate disclosed by the assessee or the net profit rate applied by the Assessing Officer, the consequence automatically follows that in the net profit rate so fixed the element of depreciation on the fixed asset and interest on borrowings has not been taken into consideration in determining the net profit rate. Consequently, the trading result obtained by applying such net profit rate needed further appropriation towards allowable depreciation and interest on borrowings. There is no doubt about the fact that both expenses, on account of depreciation and interest on borrowings are allowable expenses and without taking into account such expenses net taxable income cannot be determined. In fact there is no dispute about the appropriation towards depreciation, notwithstanding the assessing authority has applied the net profit rate excluding appropriation towards any allowable expenditure. - We are in agreement with the Tribunal for modifying the order passed by the assessing authority by making the net profit rate subject to adjustment towards depreciation and interest on borrowings. - This conclusion, in our opinion, was a pure finding of fact and would not give rise to a question of law much less a substantial question of law unless the finding is shown to be perverse or without any rationale Issues: Assessment of net profit rate for determining taxable income, Appropriation towards depreciation and interest on borrowings, Consistency in past assessment practices, Justification for modifying assessing authority's order.Analysis:1. Assessment of net profit rate for determining taxable income:The core issue in this case revolved around the assessment of the net profit rate for determining the taxable income of the assessee. The Assessing Officer had estimated the net profit rate at 11% without considering any appropriation towards depreciation or interest paid to third parties. The Tribunal traced the history of the assessee's income determination and found that the net profit rate had been consistently applied without accounting for depreciation and interest on borrowings. The Tribunal upheld the basic net profit rate of 11% based on past practices, emphasizing the relevance of past assessment history in determining the income of the assessee.2. Appropriation towards depreciation and interest on borrowings:Throughout the past years, the net profit rate disclosed by the assessee and applied by the Assessing Officer did not include any appropriation towards depreciation and interest on borrowings, which are allowable expenses under the Income-tax Act. The Tribunal found that the net profit rate should be subject to adjustment towards depreciation and interest on borrowings to accurately determine the taxable income. This adjustment was deemed necessary to reflect the true trading results of the assessee.3. Consistency in past assessment practices:The Tribunal highlighted the importance of consistency in past assessment practices while determining the net profit rate for the assessee. It noted that the assessing authority had deviated from the method of final estimate by not considering the element of later appropriation towards depreciation and interest, contrary to the consistent practice followed in the past years. The Tribunal upheld the past history of estimating the income of the assessee, emphasizing the reasonable nexus between the Tribunal's reasoning and the past assessment practices followed by the Revenue.4. Justification for modifying assessing authority's order:The Tribunal's decision to modify the assessing authority's order by making the net profit rate subject to adjustment towards depreciation and interest on borrowings was based on the premise that such adjustment was necessary to accurately determine the taxable income. The High Court agreed with the Tribunal's reasoning, considering it a pure finding of fact that did not give rise to a question of law. The appeals filed by the Revenue were dismissed, emphasizing the importance of accounting for allowable expenses in determining the taxable income.In conclusion, the judgment focused on the correct assessment of the net profit rate, the necessity of appropriation towards depreciation and interest on borrowings, consistency in past assessment practices, and the justification for modifying the assessing authority's order to ensure an accurate determination of taxable income.