2011 (1) TMI 1383 - AT - Income Tax

Estimation of the income from trucks plying business (as per Section 44AE) - Non-acceptance of revised return of income furnished by the appellant - Disallowance made out of diesel expenses - Disallowance made out of truck repairing expenses - Disallowance of made out of the tyre expenses - Addition in respect of so called vehicle rent received from Dashrathbhai K. Chaudhary - HELD THAT - It is not in dispute that the assessee was plying the goods carriage which were four. Therefore the number of goods carriages plied by the assessee was well within the ambit of the section 44AE. The AO has rejected the book result and has estimated the income by making various disallowance out of the expenses claimed by the assessee. He also enhanced the receipt shown by the assessee. The estimated disallowance made by the AO were partly reduced by the CIT(A). Therefore undisputedly in the assessee s case the actual dispute is only with regard to estimation of the income from trucks plying business. When the Legislature has provided some formula for estimation of income in the case of a transporter who owns less than ten goods carriages there would not be any justification for not estimating the income of the assessee as per the formula prescribed in section 44AE. It is irrelevant whether the revised return furnished by the assessee is valid or not. When the question of estimation of the income of a transporter comes Section 44AE is a good guideline in the case of transporter who owns less than ten goods carriage. The AO is directed to determine the income of the assessee as per the section 44AE of the IT Act - appeal of assessee allowed.

Summary

Issues:
1. Rejection of revised return under Section 44AE of the IT Act
2. Adhoc disallowance of expenses
3. Addition of vehicle rent received
4. Estimation of income as per Section 44AE

Issue 1: Rejection of Revised Return under Section 44AE:
The assessee's appeal challenged the Commissioner of Income Tax(A)'s decision not to accept the revised return of income filed under Section 44AE of the IT Act. The appellant argued that the original return, filed within the time limit, was accompanied by an audit report. The Assessing Officer (AO) rejected the revised return based on timing issues. The Tribunal emphasized that for transporters with less than ten goods carriages, Section 44AE provides a formula for income estimation. Regardless of the revised return's acceptance, the AO should have estimated income as per Section 44AE. Consequently, the Tribunal directed the AO to determine the income in accordance with Section 44AE.

Issue 2: Adhoc Disallowance of Expenses:
The AO had made adhoc disallowances from the diesel expenses, truck repairing expenses, and tyre expenses claimed by the assessee. The Tribunal noted that the AO's rejections were based on the unreliability of the assessee's maintained books. However, the CIT(A) partially reduced the estimated disallowances. Ultimately, the Tribunal focused on the estimation of income from the trucks plying business and directed the AO to use the formula prescribed in Section 44AE for income determination, given the assessee's compliance with the conditions outlined in the section.

Issue 3: Addition of Vehicle Rent Received:
The AO had added an amount received from a specific individual as vehicle rent, which the assessee claimed was a repayment of the original amount given. The Tribunal considered this addition in the context of the overall estimation of income under Section 44AE. The Tribunal's decision to direct the AO to determine income as per Section 44AE encompassed addressing this specific addition as well.

Issue 4: Estimation of Income as per Section 44AE:
The Tribunal's analysis focused on the applicability of Section 44AE to the assessee's case, given the nature of the transport business and the number of goods carriages involved. Emphasizing the legislative provision of a formula for income estimation in such cases, the Tribunal found it necessary to apply Section 44AE for determining the assessee's income. This decision was based on the principle that when a specific guideline exists for income estimation, it should be followed, irrespective of the acceptance of a revised return.

In conclusion, the Tribunal allowed the assessee's appeal, directing the AO to determine the income as per Section 44AE of the IT Act, thereby resolving the issues raised regarding the rejection of the revised return, adhoc disallowance of expenses, addition of vehicle rent received, and overall income estimation in line with the statutory provisions.