2018 (3) TMI 1089 - HC - Income Tax

Tribunal validates Project Completion Method, rejects Percentage Completion Method, disallows Section 40(a)(ia) & 40A(3)

The Tribunal upheld the deletion of the addition made by the Assessing Officer using the Percentage Completion Method. It found that the Project ... Rejection of books of accounts - non presenting true and correct picture - Held that:- This court in the case of same assessee [2018 (3) TMI 313 - RAJASTHAN HIGH COURT] the perusal of the impugned order reveals that this was only a prima facie view which the assessing authority entertained before issuing a show cause notice to the assessee for rejecting its accounts by invoking provisions of section 145(3). He has not been able to point out as to which of these payments in respect of direct expenses could not be verified by him nor the Assessing authority is shown to have required the assessee to get payment of any specific amount of direct expenses verified. Merely for saying it could not be taken a lacuna in the books of account of the assessee and take the same as a reason for rejecting the books of account that were maintained by assessee in regular course of its business. The finding of 'on-money transactions' in the appellant's case by the authorities below is found without any basis and found perverse on facts. It, therefore, could not be a reason for rejecting the books of account maintained by the assessee in regular course of business. The same, therefore, could not be taken a valid basis for change of method regularly employed by the appellant. The Income-tax Authority, therefore, has no option or jurisdiction to meddle in the matter either by directing the assessee to maintain its account in a particular manner or adopting a different method for valuing work-in-progress. It also cannot recompute income by adopting any method other than that regularly employed by the appellant in a case like this nor make the same as basis to reject its accounts. - Decided in favour of assessee. Issues Involved:1. Justification of Tribunal's deletion of addition by Assessing Officer using Percentage Completion Method.2. Assessing Officer's rejection of accounts based on non-adherence to Accounting Standards AS-7 and AS-9.3. Tribunal's error in deleting disallowances under Section 40(a)(ia) and 40A(3) due to the Project Completion Method.Detailed Analysis:1. Justification of Tribunal's Deletion of Addition by Assessing Officer Using Percentage Completion Method:The core issue was whether the Tribunal was justified in deleting the addition made by the Assessing Officer (AO) using the Percentage Completion Method. The Tribunal’s decision was challenged on the grounds that the AO had examined actual allotment agreements and concluded that revenue could be reliably recognized using the Percentage Completion Method. The Tribunal, however, found that the Project Completion Method employed by the assessee was a recognized method under the Income Tax Act and had been consistently followed by the assessee in previous years. The Tribunal noted that the AO had not demonstrated that the method used by the assessee resulted in underestimation of profits. The Tribunal referred to various judgments, including those of the Supreme Court, which upheld the legitimacy of the Project Completion Method as long as it was consistently applied and did not distort the true profits of the business.2. Assessing Officer's Rejection of Accounts Based on Non-Adherence to Accounting Standards AS-7 and AS-9:The Tribunal addressed the AO's rejection of the assessee’s accounts for not following AS-7 and AS-9, arguing that this contravened AS-1 as per Section 145(2) of the Act. The Tribunal observed that both AS-7 and AS-9 are recognized methods for revenue recognition and that the choice of method lies with the assessee. The Tribunal found that the AO had not provided sufficient justification for changing the method of accounting from the Project Completion Method to the Percentage Completion Method. The Tribunal cited several judgments, including those from the Supreme Court, which emphasized that the method of accounting regularly employed by the assessee should not be changed unless it fails to reflect the true income. The Tribunal concluded that the AO’s decision was based on irrelevant considerations and that the method employed by the assessee was appropriate and consistently applied.3. Tribunal's Error in Deleting Disallowances Under Section 40(a)(ia) and 40A(3) Due to the Project Completion Method:The Tribunal also dealt with the issue of disallowances under Section 40(a)(ia) and 40A(3). The AO had disallowed certain expenses on the grounds that they were included in work-in-progress and would be claimed as revenue expenses subsequently. The Tribunal, however, found that since the assessee followed the Project Completion Method, these expenses were appropriately accounted for in the work-in-progress and would be recognized upon completion of the project. The Tribunal referred to various judicial precedents which supported the view that the Project Completion Method is a valid method of accounting for real estate developers and that expenses should be recognized in accordance with the method consistently followed by the assessee.Conclusion:The Tribunal’s decision to delete the addition made by the AO using the Percentage Completion Method was upheld. The Tribunal found that the Project Completion Method employed by the assessee was a recognized and consistently applied method. The AO’s rejection of accounts based on non-adherence to AS-7 and AS-9 was not justified, and the disallowances under Section 40(a)(ia) and 40A(3) were appropriately deleted. The Tribunal’s findings were based on a thorough analysis of the facts and relevant judicial precedents, affirming the legitimacy of the Project Completion Method in the assessee’s case.