2014 (10) TMI 290 - AT - Income Tax

Determination of income from business Estimation of Net profit @ 10% of WIP Administrative and financial charges and depreciation disallowed - Held that - The assessee has been estimating profit with reference to the advances received - The profit is worked out on the advances but while showing the same in Profit and Loss A/c. it was wrongly mentioned as notional profit on work-in-progress - the AO correctly mentioned in the assessment order that the profit was estimated at 10% of advances and for A.Ys. 2003-04 to 2006-07, the estimation was accepted by the AO while completing assessment u/s. 153A of the Act - the order of the AO is set aside and to rectify the mistake of taking 10% of work-in-progress instead of 10% of advances keeping in mind that the method of accounting followed should be consistent as in earlier years. The CIT(A) has pointed out with respect to income from rent that nothing has been submitted to establish that it is in the nature of income from house property so as to get deduction u/s. 24 - Similarly with respect to miscellaneous recoveries the assessee s explanation that they were from regular business has not been substantiated - interest earned being part of the business income is also not established thus, the matter is to be remitted back to the AO for fresh adjudication Decided partly in favour of assessee.

Summary

Issues Involved
1. Determination of income from business by estimating net profit at 10% of work-in-progress.
2. Allowance of administrative and financial charges and depreciation.
3. Addition of income from other sources.
4. Treatment of income from rent, chit dividends, and surrendered income.
5. Determination of short-term capital gain.

Detailed Analysis

1. Determination of Income from Business by Estimating Net Profit at 10% of Work-in-Progress
The assessee, a real estate and construction company, had been capitalizing work-in-progress (WIP) and offering income on advances received at 10%. The Assessing Officer (AO) noticed inconsistencies in the method adopted by the assessee over the years, particularly in A.Ys. 2008-09 and 2009-10, where administrative expenses were both capitalized and claimed as deductions. The AO concluded that the change in method was intended to offset income declared under section 132(4) of the Income-tax Act, 1961. Consequently, the AO estimated profit at 10% of WIP for A.Ys. 2007-08, 2008-09, and 2009-10, resulting in additional profits of Rs. 14,47,075, Rs. 5,97,259, and Rs. 19,39,013, respectively.

The CIT(A) upheld the AO's estimation method, finding no infirmity in the computation of profits. The Tribunal, however, set aside the issue to the AO to rectify the mistake of taking 10% of WIP instead of 10% of advances, ensuring consistency with earlier years.

2. Allowance of Administrative and Financial Charges and Depreciation
For A.Y. 2007-08, the assessee contended that administrative and financial charges and depreciation should have been allowed as deductions. The Tribunal found that the AO had added only Rs. 9,90,586 as admitted by the assessee, thus dismissing this ground of appeal.

3. Addition of Income from Other Sources
For A.Y. 2008-09, the AO made a separate addition of Rs. 25,39,366 under "income from other sources," including dividend on chits, miscellaneous recoveries, and income offered under section 132. The CIT(A) upheld this addition, noting that the assessee failed to substantiate claims that these items were part of business income.

For A.Y. 2009-10, the AO included Rs. 6,78,980 as chit dividend income under "income from other sources," which the assessee argued should be considered business income. The CIT(A) upheld the AO's treatment.

The Tribunal confirmed the CIT(A)'s decision regarding chit dividends and surrendered income but remitted the issue of rent income, miscellaneous recoveries, and interest earned to the AO for reconsideration, giving the assessee another opportunity to present its case.

4. Treatment of Income from Rent, Chit Dividends, and Surrendered Income
The CIT(A) found that the assessee did not provide sufficient evidence to classify rent income as "income from house property" or to substantiate that miscellaneous recoveries and interest earned were part of business income. The Tribunal remitted these issues back to the AO for further examination.

5. Determination of Short-Term Capital Gain
The Tribunal set aside the determination of short-term capital gain for A.Ys. 2007-08 and 2008-09 to the AO, instructing re-evaluation after considering the additions and disallowances sustained in the appeals.

Conclusion
The appeals were partly allowed for statistical purposes, with several issues remitted to the AO for reconsideration and rectification, ensuring consistency with the assessee's accounting methods in earlier years. The Tribunal's decision emphasized the need for a consistent and substantiated approach in accounting and tax computations.