2014 (9) TMI 500 - HC - Income Tax

Court Upholds 10% Net Profit Rate, Rejects Interest Deduction

The High Court allowed the deduction of depreciation from the net profit rate while rejecting the deduction of interest paid on borrowed capital. The ... Allowability of depreciation and interest – Flat rate of net profit applied – Held that:- Following the decision in Commissioner of Income Tax vs. Chopra Bros. India (P) Limited [2001 (9) TMI 90 - PUNJAB AND HARYANA High Court] - in a case where the assessee makes a specific claim for depreciation and gives the information as required u/s 32 of the Act, the assessing officer is bound to take the claim of the assessee into consideration – thus, the assessee is entitled to deduction on account of depreciation from receipts while applying net profit rate on the gross receipts - Decided in favour of assessee. Deduction on interest paid on borrowed capital – Held that:- Following the decision in Commissioner of Income Tax, Patiala vs. M/s Gian Chand Labour Contractors Khanauri District Sangrur [2007 (11) TMI 300 - PUNJAB AND HARYANA HIGH COURT] - application of net profit rate takes into consideration all factors and the deductions which are referred to u/s 29 of the Act are deemed to have been taken into consideration while making such estimate – Decided against assessee. Application of net profit @ 10% - Held that:- CIT(A) was of the view that there were certain defects in the wages registers maintained by the appellant, estimated the net profit at 9% of the receipts – Tribunal has estimated the net profit rate of 10% of the receipts and further noticed that the Tribunal in similar cases had been adopting the net profit rate of 10% - No illegality or perversity could be pointed out warranting interference – thus, the net profit rate of 10% adopted by the Tribunal is just and reasonable – Decided against assessee. Issues:1. Allowance of depreciation and interest from the flat rate of net profit.2. Deductibility of depreciation and interest from net profits calculated by applying net profit rate.3. Reasonableness of applying a net profit rate of 10% of gross receipts.Issue 1:The appellant-assessee filed an appeal against the order of the Income Tax Appellate Tribunal (ITAT) challenging the disallowance of depreciation and interest from the flat rate of net profit. The Tribunal applied a net profit rate of 12.5% on the gross receipts, resulting in an addition to the total income. The Commissioner of Income Tax (Appeals) partly allowed the appeal by permitting a net profit rate of 10% without allowing depreciation and interest. The High Court referred to a previous judgment where it was held that the assessee is entitled to deduction on account of depreciation from receipts while applying a net profit rate on the gross receipts. Therefore, the High Court allowed the deduction of depreciation from the net profit rate.Issue 2:Regarding the deductibility of interest paid on borrowed capital from gross receipts while applying the net profit rate, the High Court cited a previous decision where it was held that deductions referred to under Section 29 of the Income Tax Act are deemed to have been taken into consideration while estimating the net profit rate. Therefore, the claim of the assessee for deduction on account of interest paid on borrowed capital was not accepted, and this issue was decided against the assessee.Issue 3:The third issue pertained to the reasonableness of applying a net profit rate of 10% of gross receipts by the ITAT. The Assessing Officer initially applied a net profit rate of 12.5%, which was reduced to 9% by the CIT(A) due to defects in the wages registers. However, the ITAT reinstated the net profit rate at 10%, noting that it had been consistently adopted in similar cases. The High Court found no illegality or perversity in the ITAT's decision and deemed the net profit rate of 10% to be just and reasonable in the circumstances of the case. Consequently, this issue was decided against the assessee.In conclusion, the High Court disposed of the appeal in line with a previous case, emphasizing the allowance of depreciation from the net profit rate while rejecting the deduction of interest paid on borrowed capital and upholding the reasonableness of the 10% net profit rate applied by the ITAT.