2011 (8) TMI 629 - HC - Income Tax

Block assessment - AO rejected books of account making additions on account of estimated profits at 10 per cent. from the total fees - Held That - trial balance found during the course of search has been explained by the assessee and in fact no additions were made on the basis of the discrepancies found in the trial balance. Thus decision of tribunal deleting the addition made on account of estimated profits from the total fees received by the assessee cannot be faulted. Deletion of accrued interest - Debenture purchased reflected in books of a/c - Held That - matter fit to be decided in case regular assessment and not in the block assessment. Depreciation allowed in the regular assessment was current depreciation and there is no material to suggest that current depreciation was not admissible to the assessee and that there is no provision to consider current depreciation as undisclosed income of the assessee.

Issues:
1. Rejection of books of account and addition of estimated profits
2. Deletion of accrued interest on debentures of M/s. Viral Filaments Ltd.
3. Deletion of addition ignoring provisions of Explanation to section 158BB
4. Deletion of addition despite provisions of section 158BB(4)
5. Failure to confirm addition of accrued interest on debentures of M/s. Precision Fasteners Ltd.

Analysis:

1. Rejection of books of account and addition of estimated profits:
The Tribunal found that the Assessing Officer estimated profits without any evidence or material found during the search. It was noted that the assessee had not accounted any part of the fees received nor inflated the claim. The Tribunal deleted the additions made in the block assessment as they were not based on search evidence. Discrepancies in the trial balance were explained by the assessee, and no additions were made based on these discrepancies. The Tribunal's decision to delete the addition of estimated profits was upheld as it was not faulted.

2. Deletion of accrued interest on debentures of M/s. Viral Filaments Ltd.:
The Tribunal determined that the interest on debentures purchased in 1999 was reflected in the assessee's books of account. The question of including interest on these debentures in total income on an accrual basis was deemed relevant for regular assessment, not block assessment. Therefore, the Tribunal's decision to delete the interest on an accrual basis in the block assessment was considered appropriate, leading to questions 2 and 5 being dismissed.

3. Deletion of addition ignoring provisions of Explanation to section 158BB:
Regarding the deletion of an addition made by the Assessing Officer on account of depreciation and disallowance of business loss, the Tribunal found that the depreciation allowed in the regular assessment was current depreciation. There was no evidence to suggest that current depreciation was inadmissible, and no provision deemed current depreciation as undisclosed income. The Tribunal concluded that these additions could not be made in the block assessment without search material, leading to questions 3 and 4 being dismissed.

4. Deletion of addition despite provisions of section 158BB(4):
The Tribunal's decision to delete the addition despite the provisions of section 158BB(4) was supported by the absence of search material to justify the additions. Therefore, questions 3 and 4 could not be entertained due to the lack of basis for making these additions in the block assessment.

5. Failure to confirm addition of accrued interest on debentures of M/s. Precision Fasteners Ltd.:
The Tribunal did not confirm the addition of accrued interest on debentures of M/s. Precision Fasteners Ltd. as the assessee failed to prove that it had been disclosed in the audited accounts. This failure to provide evidence led to the Tribunal's decision not to confirm the addition, thereby upholding the Commissioner of Income-tax (Appeals)'s decision.

In conclusion, the appeal was dismissed as no merit was found, and no costs were awarded.

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