2014 (8) TMI 167 - HC - Income Tax

Deduction on sales tax payment Application of net profit rate without estimation of income Held that - While making the assessment of income on the basis of net profit rate, the deductions towards depreciation, interest, remuneration to partners and payment to third parties have definitely been allowed - CIT(A) cannot be said to have committed any fundamental error in directing deduction towards payment of sales tax too after verification of the amount paid - in case of rejection of accounts and estimate of net profit, relevant expenses could be worked out and allowed thus, the order of the Tribunal for allowing deduction towards payment of sales tax cannot be said to be unjustified or taking away the reasonableness of estimate of income of the assessee Decided against Revenue.

Summary

Issues:
1. Justification of allowing deduction on account of sales tax payment while applying net profit rate for income estimation.

Analysis:
The case involved an appeal by the Revenue against the ITAT's order for the Assessment Year 1999-2000, questioning the justification of allowing a deduction on account of sales tax payment while applying the net profit rate for income estimation. The assessee, deriving income from contract work, filed a return declaring income with a tax audit report. The AO rejected the books of accounts for various reasons and proceeded to apply a net profit rate of 12.5% on the net contract receipts for income assessment, considering depreciation, interest, and other payments. The AO also disallowed depreciation claimed on vehicles. However, the focus of the appeal was on the deduction for sales tax payment.

The CIT(A) upheld the AO's decision to reject the books of accounts but considered the ground raised by the assessee regarding the sales tax payment. The CIT(A) directed the AO to allow the deduction for sales tax after verification. The ITAT, in the Revenue's appeal against the CIT(A)'s order, found the direction to allow the sales tax payment deduction to be in order, based on similar decisions in other cases. The Revenue contended that allowing further deduction after applying the net profit rate was unjustified, citing a previous order for the assessee in a different year.

The High Court noted that while making the income assessment based on the net profit rate, deductions for various expenses were allowed. The court observed that the CIT(A) did not commit any fundamental error in directing the deduction for sales tax payment after verification. The court opined that relevant expenses, including sales tax payment, could be considered even in cases of estimating income based on a net profit rate. The court found no binding decision supporting the proposition that certain expenses, like sales tax payment, cannot be considered while applying the net profit rate.

Ultimately, the court held that the relief granted by the CIT(A) and affirmed by the ITAT for allowing the deduction towards sales tax payment was justified and did not undermine the reasonableness of the income estimate. The court answered the question against the Revenue, concluding that the appeal failed and was dismissed.