2013 (9) TMI 441 - AT - Income Tax

Deduction of expenditure u/s 40(b) of salary and interest to partners - Net profit rate of 2% of the total turnover in computing the income from contract business applied after rejection of books of accounts Held that - Relying upon the decision in the case of M/s. A.R. enterprises by Hon ble ITAT Agra wherein it was held that applying a flat rate of 2% for both the contract would meet the interest of justice - No further deduction in the form of salaries & interest to partner of depreciation would be available to the assessee as the books of accounts have been rejected and the estimate of net profit rate of 2% shall be deemed to take into consideration all allowable deductions available to the assessee in the form of depreciation interest and remuneration to the partners and all other expenditures claimed in the P & L account Also it is not in dispute that the books of account were not maintained by the assessee in proper manner and the same were also not supported with proper bills and vouchers It is also noted that rejection of books of account have not been challenged Appeal of the Assessee is dismissed Decided against the Assessee.

Summary

Issues Involved:
1. Rejection of books of accounts and application of net profit rate.
2. Deduction of depreciation, interest, and salary to partners after estimating net income.
3. Reasonableness of the applied profit rate.
4. Deletion of addition for bogus liability.
5. Deletion of addition for various expenses.

Issue-wise Detailed Analysis:

1. Rejection of Books of Accounts and Application of Net Profit Rate:
The assessee challenged the rejection of books of accounts and the application of a net profit rate of 2% by the authorities. The Assessing Officer (AO) had determined the assessed income at Rs. 27,89,490/- against the returned income of Rs. 26,690/-. The AO found the net profit declared by the assessee to be significantly low and noted that entries of purchases were not supported by proper bills and vouchers. Consequently, the AO rejected the books of accounts under Section 145(3) of the IT Act and estimated the taxable profit by applying a net profit rate of 3.5% on the total turnover. The assessee argued that the applied profit rate was excessive and unjustified.

2. Deduction of Depreciation, Interest, and Salary to Partners:
The assessee claimed that the CIT(A) was not justified in not allowing depreciation, interest, and salary to partners after estimating the net income. The CIT(A) applied the decision in the case of M/s. A.R. Enterprises, which did not allow further deductions for salary, interest, and depreciation after applying a flat rate of 2% for estimating the taxable income. The CIT(A) reasoned that the profit rate of 2% already took into account all allowable deductions, including depreciation, interest, and remuneration to partners.

3. Reasonableness of the Applied Profit Rate:
The assessee contended that the profit rate of 2% applied by the CIT(A) was excessive. However, the CIT(A) justified the application of the 2% profit rate by referencing the ITAT's decision in the case of M/s. A.R. Enterprises, which was engaged in a similar business of supplying grits for road construction. The CIT(A) noted that the assessee's counsel had agreed to apply the decision in the case of M/s. A.R. Enterprises for determining the income of the assessee. The Tribunal upheld the CIT(A)'s decision, noting that the agreed application of the profit rate left no grounds for the assessee to challenge the order.

4. Deletion of Addition for Bogus Liability:
The Revenue challenged the deletion of an addition of Rs. 1,84,730/- made by the AO as a bogus liability. The AO had identified sundry creditors with outstanding liabilities, some of which lacked confirmation letters. The CIT(A) deleted the addition, reasoning that the AO failed to prove that the liability did not exist in the books of accounts. The Tribunal upheld this decision, noting that the liabilities were old balances from previous years and thus genuine.

5. Deletion of Addition for Various Expenses:
The Revenue also challenged the deletion of an addition of Rs. 29,252/- made by the AO for various expenses deemed not incurred for business purposes. The CIT(A) deleted this addition, stating that once the income was computed by applying a higher profit rate, it accounted for such expenses. The Tribunal agreed, noting that no further disallowance of expenses was necessary once the profit rate was applied.

Conclusion:
The Tribunal dismissed both the assessee's and the Revenue's appeals, upholding the CIT(A)'s application of a 2% profit rate and the deletion of additions for bogus liabilities and various expenses. The Tribunal emphasized that the agreed application of the profit rate by the assessee's counsel and the historical profit rates justified the CIT(A)'s decisions.