2016 (10) TMI 1411 - AT - Income Tax

Business income estimated after special audit (s. 142(2A)): profit rate on gross sales fixed at 8%, no further deductions

The dominant issue was estimation of business income where the AO, following a special audit under s. 142(2A), and the CIT(A) applied profit at 15% of ... Estimation of income/ Profit - CIT(A) directed the AO to estimate the profit at 15% on gross sales as worked out by the Special Auditor in the Special Audit Report u/s. 142(2A) - HELD THAT:- We are of the opinion that the income can be determined in this case at 8% on the gross sales shown by assessee at Rs. 8,58,96,664/-. In case the income so estimated is less than the returned income of Rs. 1,29,16,404/-, AO is directed to accept the income returned. Since the income is estimated at net basis, considering the facts of the case, no further deduction under depreciation and interest should be allowed on the estimated income. AO is directed to do accordingly. Revenue is contesting the deletions made by CIT(A) of expenditure on estimation basis and determination of profit at 15% on gross sales - Since these are on the same issue of estimation of income, no separate adjudication is required as income of 8% is considered reasonable on the facts of the case. Subject to observations made above in assessee’s case, we are of the opinion that there is no merit in Revenue’s contentions. AO is directed to determine the income at 8% on net on the sales declared or income returned in the proceedings u/s. 153A, whichever is higher. 1. ISSUES PRESENTED AND CONSIDERED (i) Whether, on the facts, the taxable business income should be determined by estimating profit on gross sales, given unreliability/complexity of accounts and the limited reliability of the special audit recasting. (ii) What is the appropriate net profit rate to apply on the gross sales so as to compute income, and whether 15% as directed by the first appellate authority should be sustained. (iii) Whether, once income is estimated at a net profit rate, any further deduction for depreciation and interest should be allowed from such estimated income. (iv) Whether the Revenue's challenge to deletions/adjustments made by the first appellate authority survives once income is determined by a unified estimation method. 2. ISSUE-WISE DETAILED ANALYSIS Issue (i) & (ii): Estimation of income; appropriate profit rate and sales base Legal framework (as applied by the Court): The Court proceeded on the basis that where books are not acceptable and the special audit-based recast accounts suffer from reliability concerns, income can be determined by estimation on turnover/sales. The Court also treated the special auditor's determination of sales as the workable base for estimation and adopted a 'thumb rule' approach consistent with an 8% rate referred to in the reasoning relied upon. Interpretation and reasoning: The Court noted that, in a comparable group matter on similar facts, it was found that (a) the assessee's accounting system was complex, (b) primary supporting material such as bills/vouchers was not fully available (including due to seizure and passage of time), and (c) the special audit recasting involved presumptions and thus could not be fully relied upon. At the same time, the Court accepted that the books could not be accepted as correct, requiring a turnover-based estimate. The Court rejected adopting 15% merely on the premise applicable to civil contract cases, holding the activity to be in real estate (purchase, development and sale of land) and therefore requiring a more reasonable estimation. The Court considered 8% on sales as reasonable in light of the reliability concerns and the comparative analysis already undertaken in the related matter, and applied that approach here. Conclusions: The Court directed that income be computed by applying 8% net profit on the gross sales (taken at the sales figure shown by the assessee in the relevant proceedings). It further directed that if such 8% computation is lower than the income returned in the relevant return, the higher returned income must be accepted. Issue (iii): Allowability of depreciation and interest after estimation Legal framework (as applied by the Court): The Court treated the adopted percentage as a net basis estimate. Interpretation and reasoning: Because the income was directed to be determined at a net profit rate on sales, the Court held that allowing additional deductions would distort the intended net estimation. On the facts, it expressly declined further deductions once the net rate is applied. Conclusions: No further deduction for depreciation and interest is allowable from the income estimated at 8%. Issue (iv): Revenue's challenge to deletions/15% estimation by the first appellate authority Legal framework (as applied by the Court): Where income is ultimately determined by a single estimation method, disputes about individual additions/deletions underlying prior computations become unnecessary to adjudicate to the extent they merge into the estimation. Interpretation and reasoning: The Court held that the Revenue's grounds (relating to deletions made by the first appellate authority and the earlier 15% approach) were part of the same estimation controversy. Since the Court substituted the estimation with 8% on sales, separate adjudication of those component disputes was not required. Conclusions: The Revenue's contentions were rejected as lacking merit in view of the Court's determination that 8% on sales (or the higher returned income, if applicable) governs the computation.