2013 (12) TMI 416 - AT - Income Tax

Tribunal directs income estimation for various contracts, upholds remuneration, interest, and remands for reassessment.

The Tribunal partially allowed the assessee's appeal, directing the Assessing Officer to estimate income at specific rates for different types of ... Estimation of income - the assessee is carrying on three kinds of contracts, as in earlier years, i.e.. (i) own contracts, (ii) contracts taken from the sub-contractors, (iii) contracts given to other parties on sub-contracts - Held that:- Following Teja Constructions [2009 (10) TMI 593 - ITAT HYDERABAD] and assessee’s own case for earlier year– The profits of the Assessee are estimated @ 9% on own contract works, 8% on contracts taken by assessee on subcontracts and @ 5% on contracts given by the assessee to 3rd party on subcontracts is before allowing remuneration, interest on capital and depreciation and hence ITAT directed that these amounts should be reduced out of the estimated income - Depreciation is allowable u/s 32 of the IT Act and it falls under the provision of section 30 to 38 - Deemed to have been already given full effect while estimating the income of the assessee - Decided in favour of assessee. Issues:Estimation of income applying a rate of 12.5% on gross receipts, disagreement with the rate of profit determination, consideration of net receipts for profit estimation, contention regarding maintaining proper books of account, applicability of guidelines of Central Board of Direct Taxes (CBDT), entitlement to depreciation, remuneration, and interest on profit estimated.Estimation of Income - Rate of Profit Determination:The appeal involved a dispute over the estimation of income by applying a rate of 12.5% on gross receipts for the assessment year 2008-2009. The assessee contested this rate, arguing that the CBDT guidelines fixed the rate at 5% and that the rate of profit should be calculated based on net receipts, not gross receipts. The Tribunal referred to previous cases and held that the issue was covered by consistent views taken in similar matters. Citing the case of Teja Constructions, the Tribunal directed the Assessing Officer to estimate income at 9% for contracts executed by the assessee, 8% for contracts taken by the assessee on subcontracts, and 5% for contracts given by the assessee to third parties on subcontracts.Entitlement to Depreciation, Remuneration, and Interest:The Tribunal addressed the contention regarding the allowance of depreciation, remuneration, and interest on the estimated income. It noted that the estimate of income as a percentage of gross receipts was before allowing for depreciation, interest on capital, and remuneration. Following the decision in the assessee's own case for the earlier year, the Tribunal upheld the order of the CIT(A) regarding the rate of profits to be adopted on gross receipts and the allowance of remuneration, interest on capital, and depreciation. However, the Tribunal allowed the Revenue's appeal concerning depreciation, stating that it falls under the provisions of the Income Tax Act and is deemed to have been already given full effect while estimating the income.Reassessment and Directions:Considering the totality of facts and consistent views of the Tribunal in similar matters, the impugned order of the CIT(A) was set aside, and the matter was restored to the Assessing Officer for recomputing the income applying the rates mentioned in previous Tribunal orders. The Assessing Officer was directed to allow interest and remuneration to partners but not depreciation while reframing the assessment afresh in accordance with the law and after providing a reasonable opportunity of hearing to the assessee.In conclusion, the assessee's appeal was partly allowed for statistical purposes, with the Tribunal providing detailed directions for the reassessment of income and the treatment of depreciation, remuneration, and interest in line with the CBDT guidelines and previous Tribunal decisions.