TaxTMI 
TaxTMI 
2023 (3) TMI 281
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....0, reporting total income of Rs.11,17,38,170/- computed under the normal provisions of the Act since tax payable on the book profit under section 115JB of the Act was less than the tax payable under the normal provisions of the Act. Return of the assessee was processed by Centralized Processing Centre, Bengaluru (CPC), for which intimation u/s 143(1) of the Act was issued on 7/10/2020. In the return so processed, adjustments aggregating to Rs. 18,35,758/- were made to the total income returned by the assessee. This amount comprised of Rs. 4,20,000/- towards disallowance u/s 40(a)(ia) of the Act and Rs. 14,15,758/- u/s 43B of the Act. Further, there was an adjustment made in the book profit computed u/s 115JB of the Act, by which the book profit was increased by an amount of Rs.1,62,91,689/-. Aggrieved, assessee went in appeal before the ld. CIT(A). 3. Before ld. CIT(A), it was submitted that, disallowance made u/s 40(a)(ia) and 43B of the Act have already been added by the assessee itself, in the computation of income while arriving at the total income reported in the return filed by the assessee. Making adjustments of these amounts again and increasing the returned total income....
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....ation of taxable income placed at page 13 of the paper book to demonstrate that adjustments made in the processing of return u/s 143(1) of the Act, in respect of disallowance made u/s 40(a)(ia) and 43B of the Act, had already been added by the assessee suo motto. The relevant extract of the computation of taxable income is reproduced for ease of reference:- 6.1. Ld. Counsel reiterated that such disallowance tantamount to taxing the same amount twice and, therefore, should be deleted. Ld. Sr. D/R when confronted with these facts could not controvert the same. 7. We find that, ld. CIT(A) has merely given directions to the ld. AO to verify the records and based on his verification of the records, he may consider the additions / disallowances to be made. We note that approach adopted by the ld. CIT(A) is not in accordance with the provisions of section 250 of the Act which prescribes the procedure in appeal to be complied with by the ld. CIT(A). Further, section 251 adequately empowers the ld. CIT(A) to exercise his powers while disposing the appeal. Despite such non adherence of the provisions of law by the ld. CIT(A), we ourselves find it proper to verify the records in this re....
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....tements are authorized have been considered for the purpose of preparation of these financial statements. These are the Company's first Ind AS standalone financial statements." It is also disclosed that Ind AS 115 on 'Revenue from Contracts with Customers' has been introduced with effect from 01.04.2018 (relevant to AY 2019-20) under modified retrospective approach which does not have any impact on the financial statements. 9.2. As per Ind AS 115, revenue shall be recognized based on satisfaction of performance obligation by transferring the control in the promised good or service to the customer. The said satisfaction of performance obligation can occur either 'over time' or 'at a point in time', depending upon fulfillment of one of the following criteria as specified in clause 35 of Ind AS 115 - a) the customer simultaneously receives and consumes the benefits provided by the entity's performance as the entity performs; b) the entity's performance creates or enhances an asset (for example, work in progress) that the customer controls as the asset is created or enhanced; or c) the entity's performance does not create an asset with an alternative use t....
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.... we refer to the facts of the present case. During the year, assessee company had undertaken the development of following real estate projects:- I. Avidipta II II. Axis-sililguri III. Digangana-extension IV. Sonar tari- extension V. Ghuni 10.1. Expenditure incurred by the assessee of Rs.3,82,54,258/- which have not been considered deductible as claimed before the ld. CIT(A), while computing, the total income of the assessee, includes - 1. Advertisement and Publicity - Rs. 3,50,900/- 2. Brokerage and commission - Rs.44,20,600/- 3. Business promotion - Rs.22,82,678/- 10.2. Details of expenses incurred on each of these projects is certified by the Chartered Accountant vide certificate dated 25/06/2019, which is extracted below:- 10.3. In respect of project Avidipta II, expenses incurred on advertisement and publicity, brokerage, and commission and business promotion (referred together as marketing and sales expenses) have been charged to the work-inprogress since the project is yet to be completed. These expenses have not been charged to the profit and loss account and thus, have not been claimed as deduc....
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....nventory of work-in-progress amounting to Rs. 159,33,65,370/- appears in the balance sheet under the head Current Assets placed at page number 26 of the paper book. A detailed composition of this work-in-progress project wise has already been extracted above, which has been duly certified by the Chartered Accountants. 11.3. As already noted above, assessee has adopted revenue recognition policy based on satisfaction of performance obligation 'over time' when the control is transferred to the customer, meaning thereby all costs are accumulated during the course of its completion and the same is charged against the revenue when the control of the completed unit is transferred to the customer to satisfy the criteria of matching concept of accounting. In the matching concept, revenue and income earned during an accounting period is compared with the expenses incurred during the same period. This matching concept has been recognized by the Hon'ble Supreme Court in the case of Taparia Tools Ltd v. CIT [2015] 7 SCC 540 (SC). 11.4. We also note that section 145 and 145A of the Act provides for computation of income under the head 'profits and gains from business or profession' and 'i....
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.... Annual 10,13,70,250 14,15,758 71,72,859 50,265 40,35,014 0 2,70,000 1,50,000 15,19,061 5,441 69,08,700 57,98,013 2,19,528 30,67,915 0 13,19,82,804 36,42,724 12,83,40,080 Less: Short-term Capital Gains to be treated separately Less: Bad Debts Written off u/s 36(1)(vii) Depreciation allowable u/s 32(1) of the Income Tax Act, 1961 as per Tax Audit Report enclosed 36,22,356 Profit on Sale of Fixed Asset 1,77,003 Directors Commission added back u/s 40(a)(ia) in AY 2018-19 Audit Fee added back u/s 40(a)(ia) in AY 2018-19 72,068 1,50,000 Payment of Medical Expenses out of Provision added back in AY 2018-19 0 Payment of Gratuity premium out of provision added back in AY 2018-19 Payment of Leave Encashment of Provision added back in AY 2017-18 22,03,724 0 Provision for contengencies credited to profit & Loss account by netting of expen 16291691.29 (Now reduce, having offered to tax in A.Y 2017-18) Notional income arising from adoptation of IND AS (Change in Accounting Polic Deduction u/s 80G for Donation including CSR Expenses 10,00,708 20,17,507 Deduction of Edu....
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.... TO PENSION FUND 6,20,050 50,278 6.70.328 EMPLOYER'S CONTRIBUTION TO PROVIDENT FUND 14,76,285 41.632 15,17.917 EMPLOYER'S CONTRIBUTION TO STATE INSURANCE 1,12.562 16.855 1.29.417 CORPORATION ENTERTAINMENT EXPENSES 7,235 7.233 EXGRATIA 11,93,441 69,516 12.62,937 GENERAL CHARGES 2,04,079 204,079 H.R.A 87,18.365 LABOUR WELFARE FUND (EMPLOYER'S 663 3,82,992 84 91,01.357 747 CONTRIBUTION) LEAVE ENCASHMENT BENEFITS 12,31,512 85,705 13,17.217 LEAVE TRAVEL ALLOWANCE 14,51,551 63,832 15.15.383 LEGAL EXPENSES 34.43,536 1.17,000 39,36,300 74,96,836 MAINTENANCE CHARGES MANAGEMENT ALLOWANCE 81.09,432 MEDICAL ALLOWANCE MEDICAL EXPENSES 12,77,597 5,11,577 16,549 1,45,860 63,832 3,124 19,673 82,55,292 13,41,429 5,11,577 Document 3 (Amount in Rs.) MISCELLANEOUS EXPENSES MOBILE EXPENSES OTHER ALLOWANCE OUTSTATION ALLOWANCE PROJECT HEAD OF EXPENSES Axis- Digangana-Sonar Tareo- Avidipta - Il Siliguri Extension II (Ext) 2,70,831 49,035 87,584 9,131 (3,000) 18,000 Grand T....