2017 (9) TMI 1933 - AT - Income Tax

Undisclosed cash receipts - Year of assessment - assessee is following accrual based accounting - CIT(A) deleted the addition as directed the AO to ensure that the unaccounted cash forms part of the assessed income of AY 2014-15 - HELD THAT - Having gone through the return of income filed by ISAE for the AY 2008-09 to AY 2014-15, we find that it is following the project completion method. It filed its return of income for the AY 2014-15 on 04.04.2015 declaring total income. The above income has been accepted without any variation by ACIT-20(1), Mumbai in the assessment dated 28.12.2016 completed u/s 143(3) of the Act. We have mentioned earlier that the return of income for A.Y. 2014-15 filed by the assessee declaring total income has been accepted by the ACIT-20(1), Mumbai u/s 143(3) of the Act. Therefore, we uphold the order of the Ld. CIT(A). - Decided against revenue.

Summary

Issues:
- Assessment of undisclosed cash receipts in the relevant assessment year.
- Application of project completion method for assessing unaccounted cash receipts.
- Interpretation of relevant legal provisions and case laws.

Issue 1: Assessment of undisclosed cash receipts
The case involved an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals) concerning the assessment of undisclosed cash receipts in the assessment year 2011-12. The Revenue contended that the undisclosed cash receipts of a specific amount should be assessed in the year 2011-12, while the assessee argued that it should be assessed in the year 2014-15 upon project completion. The Assessing Officer had made an addition to the income of the assessee for cash receipts outside the books of accounts. The Commissioner of Income Tax (Appeals) deleted the addition, directing the Assessing Officer to include the amount in the assessed income of the year 2014-15. The Tribunal upheld the decision of the Commissioner based on the assessee's regular accounting method of project completion.

Issue 2: Application of project completion method
The Tribunal analyzed the assessee's consistent use of the project completion method for income recognition. It noted that the assessee had declared the undisclosed cash receipts in the year 2014-15, aligning with the completion of the project. The Tribunal considered the nature of the project, the income offered for taxation, and the accounting treatment followed by the assessee. Relying on the principle that income should be recognized in the year of project completion, the Tribunal upheld the Commissioner's decision to assess the undisclosed cash receipts in the year 2014-15.

Issue 3: Interpretation of legal provisions and case laws
The Tribunal referred to relevant case laws, including judgments of the Hon'ble Bombay High Court, to support its decision. It cited cases where the project completion method was deemed applicable for assessing income linked to specific projects. By analyzing the facts of the present case in light of established legal principles, the Tribunal concluded that the undisclosed cash receipts should be assessed in the year 2014-15 based on the project completion method consistently followed by the assessee. The Tribunal dismissed the Revenue's appeal, emphasizing the acceptance of the assessee's income declaration for the relevant year by the Assessing Officer.

In conclusion, the Tribunal's judgment in this case focused on the proper application of the project completion method for assessing undisclosed cash receipts, aligning with the assessee's accounting practices and legal precedents. The decision highlighted the importance of consistency in income recognition and upheld the Commissioner's order to include the amount in the assessed income of the year 2014-15.