2025 (8) TMI 304 - HC - Income Tax

AO's estimated profits include all income; no separate disallowance under Section 43B for unclaimed VAT/service tax deductions allowed

The HC held that when the AO estimates profits after rejecting the books of accounts, the estimated net profit encompasses all business income additions, ... Addition u/s 43B - claim of the assessee in respect of the VAT/Service tax liability paid during the year - gross profit was estimated after rejecting the books of accounts - HELD THAT:-The legal issue involved in this appeal has been decided by this Court as well as the Hon’ble Division Bench of the other High Courts. In Shri Arjun Bhowmick [2014 (8) TMI 1075 - CALCUTTA HIGH COURT] held that when the profits are estimated, it means that the AO has not relied on the books of accounts and if this fact is accepted then the estimation made by the AO of net profit will take care of every addition related to business income or business receipts and no further disallowance can be made. Similar issue arose for consideration in the case of Noble & Hewitt (I) (P.) Ltd [2007 (9) TMI 238 - DELHI HIGH COURT] wherein it was held that when the assessee has not even claimed any deduction on the ground of service tax and has not debited the amount to its profits and loss account, the question of applying further deduction under section 43B was impermissible. In Indwell Constructions [1998 (3) TMI 121 - ANDHRA PRADESH HIGH COURT] it was held that where the books of accounts of the assessee were rejected and its income was estimated by applying proviso to section 145, no separate addition on account of interest and salary paid to the partners could be made to such estimated income. In Grand Motors vs. Income Tax Officer [2024 (11) TMI 1390 - CHHATTISGARH HIGH COURT] the Court took note of the decision in Noble & Hewitt (I) (P.) Ltd [2007 (9) TMI 238 - DELHI HIGH COURT] it was held that since the assessee did not debit the amount to the profit and loss account as an expenditure nor did the assessee claim any deduction in respect of the amount and considering that the assessee is following mercantile system of accounting, the question of disallowance of deduction not claimed does not arise. In the light of the above legal position and also the undisputed fact being that the gross profit was estimated after rejecting the books of accounts, the order passed by the Tribunal restoring the matter to the AO is unnecessary and not called for. Appeal filed by the assessee is allowed. ISSUES: Whether an addition under Section 43B of the Income Tax Act can be made when the Assessing Officer has estimated net profit without relying on the books of accounts.Whether Section 43B applies when income is computed by applying a gross profit ratio and no deduction for expenses claimed by the assessee is allowed.Whether VAT/Service Tax liabilities recorded in the books of accounts can be added back under Section 43B when the Assessing Officer has estimated profit at a fixed percentage without allowing any deduction.Whether disallowance under Section 43B is permissible when tax and duties were never charged as expenses in the profit and loss account. RULINGS / HOLDINGS: The Court held that when profits are estimated by the Assessing Officer without reliance on the books of accounts, the estimation 'will take care of every addition related to business income or business receipts' and therefore no further addition under Section 43B is permissible.The Court ruled that when income is computed by applying a gross profit ratio and no deduction for expenses is allowed, 'there is no need to look into the provision under Section 43B' and no further disallowance can be made.The Court found that VAT/Service Tax liabilities cannot be separately added back under Section 43B if the Assessing Officer has already estimated profit at a fixed percentage, since this estimation 'would take care of the amount incurred' and no further addition is justified.The Court concluded that disallowance under Section 43B is impermissible where tax and duties were never charged as an expense in the profit and loss account, making any such disallowance 'illegal, arbitrary and dehors the law.' RATIONALE: The Court applied the principle that estimation of income under proviso to Section 145 of the Income Tax Act implies rejection of books of accounts, and such estimation inherently accounts for all business receipts and expenses, negating the need for separate additions or disallowances under Sections 29 to 43D, including Section 43B.The Court relied on precedents including decisions from various High Courts which held that when income is computed by applying gross profit rates without allowing deductions for expenses, provisions like Section 43B or Section 40A(3) do not apply since the gross profit calculation subsumes such expenses.The Court noted that where tax liabilities such as VAT or Service Tax are not debited as expenses in the profit and loss account and no deduction is claimed, it is impermissible to disallow such amounts under Section 43B.The Court rejected the Tribunal's order remanding the matter to the Assessing Officer for verification of VAT/Service Tax liabilities, deeming it unnecessary and unwarranted given the established legal position that estimated income includes all such considerations.