2012 (7) TMI 453 - AT - Income Tax

Rejection of books of accounts u/s 145(3) of the I T Act - Applicability of AS-1 / AS-7 (revised) - addition by way of net profit @ 8% on cost incurred on closing balance of WIP - assessee is following this uniform method of accounting since beginning and the revenue has accepted the same for the AY 2004-05 while passing the assessment u/s 143(3) Held that - Contract of installation of elevators/lifts, assesseee s responsibility and liabilities extent even after the execution work is completed - project cannot be treated as completed until and unless the execution of installation work is completed by the assessee - receipts of advance or part payments of the contract amount itself would not necessary means that the project is completed even to the extent of percentage of receipt of the amount - authorities below are not justified in estimating the profits on percentage basis as per the work in progress shown by the assessee - in favour of the assessee

Summary

Issues:
- Rejection of books of accounts under section 145(3) of the Income Tax Act, 1961
- Addition of net profit based on work in progress
- Applicability of Accounting Standards (AS-7)

Analysis:
1. Rejection of Books of Accounts under Section 145(3):
- The Assessing Officer proposed to assess income based on the percentage of project completion, noting substantial completion of projects and payments received by the assessee.
- The assessee contended that AS-7 by the Institute of Chartered Accountants of India was not applicable under section 145(2).
- The Assessing Officer rejected the books of account under section 145(3) and estimated net profit at 8% of cost incurred during the year.
- The CIT(A) upheld the addition made by the Assessing Officer.

2. Addition of Net Profit Based on Work in Progress:
- The assessee argued that AS-7 was not mandatory as it was not notified by the Central Government under section 145(2).
- The assessee maintained revenue recognition on completion of contracts, which was accepted in previous assessments.
- The net profit ratio admitted by the assessee was consistent with earlier years, and the method of accounting was uniformly followed.
- The Tribunal found that the projects were not substantially completed as claimed by the Assessing Officer and set aside the estimation of profits based on work in progress.

3. Applicability of Accounting Standards (AS-7):
- The assessee argued that AS-7 was not mandatory and only relevant for preparing final accounts, citing precedents and notifications.
- The Tribunal noted that the assessee's method of accounting was consistent and the revenue had accepted it in previous assessments.
- The net profit rate admitted by the assessee was found to be in line with previous years, and the Tribunal ruled in favor of the assessee, setting aside the lower authorities' orders.

In conclusion, the Tribunal found that the authorities were not justified in estimating profits based on work in progress and set aside the orders. The Tribunal directed the Assessing Officer to decide on the valuation of closing stock and commission payments after verification. The appeals filed by the assessee were partly allowed, with the judgment pronounced on May 25, 2012.