2016 (9) TMI 1068 - AT - Income Tax

Tribunal allows assessee's appeal, rejects revenue's appeal, upholds 8% NP rate.

The Tribunal allowed the assessee's appeal, accepting the disclosed net profit and deleting the addition sustained by the CIT(A). The revenue's appeal was ... Net profit computation - rejection of books of accounts - the work in progress included closing stock, which was shown on estimated basis, details regarding use of material at various sites were missing and cash vouchers for miscellaneous expenses were self made, which could not justify the connection of the same for the business purposes - Held that:- The business income of the assessee from the contract work of erection and fabrication has to be calculated by first applying 8% of the gross contract receipts and from this amount, the assessee should be allowed deduction of depreciation, remuneration to the partners and interest. The total income of the assessee to be calculated by adding interest to the figure of business income. Accordingly, the total income by way of this calculation will figure out at ₹ 2,26,83,539.67. We observe that the assessee has disclosed a net profit including bank interest at ₹ 2,49,82,620.84, which is more than the income calculated above at ₹ 2,26,83,539.67. We are, therefore, of the view that the net profit shown by the assessee at ₹ 2,49,82,620.84 to be accepted as total income of the assessee for assessment year 2010-11. Accordingly, the addition sustained by the ld CIT(A) is deleted and appeal of the assessee is allowed. Issues Involved:1. Rejection of books of accounts under Section 145(3) of the Income Tax Act, 1961.2. Application of Net Profit (NP) rate for assessing business income.3. Allowance of depreciation, interest, and partners' remuneration from the estimated NP.Detailed Analysis:1. Rejection of Books of Accounts under Section 145(3):The Assessing Officer (AO) invoked the provisions of Section 145(3) of the Income Tax Act, 1961, due to several discrepancies in the assessee's records. These included:- Closing stock shown on an estimated basis.- Lack of details regarding the use of materials at various sites.- Self-made cash vouchers for miscellaneous expenses, which could not justify their connection to business purposes.- The Chartered Accountant did not certify the correctness of the value of closing stock in Form 3CD.- The NP rate of the contract business was only 3.34% after excluding interest receipts.The CIT(A) upheld the AO's rejection of the books of accounts, noting that the assessee did not provide a specific rebuttal to the AO's points and accepted the defects as 'unavoidable.'2. Application of Net Profit (NP) Rate:The AO applied an NP rate of 8% on the gross turnover of Rs. 47,00,13,786, resulting in a business income assessment of Rs. 3,76,01,102. The CIT(A) revised this rate to 4.75%, resulting in a net profit of Rs. 2,23,25,654 after allowing for depreciation, interest, and partners' remuneration. The CIT(A) based this decision on the NP rate confirmed by the ITAT in the preceding year (A.Y. 2008-09) and the low NP rate declared by the assessee (3.36%).3. Allowance of Depreciation, Interest, and Partners' Remuneration:The assessee argued that depreciation, bank interest, and partners' remuneration should be allowed as deductions from the estimated NP, as had been done in previous years (A.Y. 2006-07, 2007-08, 2008-09, and 2009-10). The ITAT had consistently allowed these deductions in earlier years.The Tribunal observed that in previous years, the ITAT had held that the income should be calculated by applying an NP rate of 8% on gross contract receipts, which would then be subject to deductions for depreciation, interest, and partners' remuneration. The Tribunal followed this precedent and calculated the business income as follows:- NP rate of 8% on gross contract receipts of Rs. 47,00,13,786, resulting in Rs. 3,76,01,102.- Allowing deductions for depreciation (Rs. 76,11,318.77), interest (Rs. 1,60,89,158.44), and partners' remuneration (Rs. 4,80,000), resulting in a business income of Rs. 1,34,20,625.67.- Adding interest on FDR of Rs. 92,62,914, the total income was calculated at Rs. 2,26,83,539.67.Since the assessee had already disclosed a net profit of Rs. 2,49,82,620.84, which was higher than the calculated total income, the Tribunal accepted the net profit shown by the assessee and deleted the addition sustained by the CIT(A).Separate Judgments:The Tribunal's decision was consistent with previous judgments in the assessee's own case, where the NP rate of 8% was applied, subject to deductions for depreciation, interest, and partners' remuneration. The Tribunal reiterated this approach and dismissed the revenue's appeal against the reduction of the NP rate to 4.75% by the CIT(A).Conclusion:The Tribunal allowed the assessee's appeal by accepting the net profit disclosed by the assessee and deleted the addition sustained by the CIT(A). The revenue's appeal was dismissed, upholding the consistent application of the NP rate of 8% subject to deductions for depreciation, interest, and partners' remuneration.