2015 (11) TMI 1577 - AT - Income Tax

N.P. determination - deductions of depreciation, interest and remuneration to partners out of the net profit - rejecting the books of account - employee s contribution to PF and ESI - Held that - Respectfully following the order of Hon ble ITAT in the appellant s own case the application of net profit rate of 8% is upheld, subject to further allowance of depreciation, interest and remuneration paid to the partners.Since after allowing depreciation, interest and remuneration, the net profit would be less than what has been declared by the appellant, the net profit declared by the appellant amounting to ₹ 4,01,05,375/- is accepted. Disallowance u/s 43B - amount was deposited before the due dates - Held that - As the payment made before filing of the return is to be allowed. Hence, the disallowance made by the AO does not appear to be justified and is, accordingly, deleted. See CIT vs. Udaipur Dugdh Utpadak Sahkari Sangh Ltd. 2014 (8) TMI 677 - RAJASTHAN HIGH COURT Decided against revenue

Summary

Issues:
1. Allowance of deductions of depreciation, interest, and remuneration to partners based on net profit rate.
2. Deletion of addition of employee's contribution to PF and ESI deposited beyond prescribed time limit.

Issue 1: Allowance of deductions based on net profit rate:
The Revenue appealed against the order of the ld. CIT(A)-I, Jaipur, questioning the allowance of deductions of depreciation, interest, and remuneration to partners based on a net profit rate of 8% on gross receipts. The Revenue argued that such deductions cannot be allowed after applying the net profit rate on the gross receipt of the assessee firm. The ITAT, Jaipur, noted that in a previous case of the appellant for the assessment year 2009-10, the Hon'ble ITAT had allowed deductions based on a net profit rate of 8% subject to depreciation, interest, and remuneration paid to partners. Following this precedent, the ITAT upheld the application of the 8% net profit rate, allowing the deductions and accepting the declared net profit of the appellant.

Issue 2: Deletion of addition of employee's contribution to PF and ESI:
The Revenue also challenged the deletion of the addition of employee's contribution to PF and ESI, amounting to Rs. 87,796, which was deposited beyond the prescribed time limit. The ITAT observed that the AO disallowed the amount as it was not deposited before the due date, despite the appellant's claim that it was deposited before the due dates prescribed under Section 43B. Citing a judgment by the Jurisdictional High Court, the ITAT held that payments made before filing the return should be allowed. Relying on the ITAT order and a judgment of the Hon'ble Rajasthan High Court, the ITAT upheld the deletion of the addition. Consequently, the appeal of the Revenue was dismissed.

In conclusion, the ITAT, Jaipur, upheld the allowance of deductions based on the net profit rate and the deletion of the addition of employee's contribution to PF and ESI, dismissing the Revenue's appeal.