2016 (4) TMI 1086 - AT - Income Tax

Applicability of provisions of section 44AF - Held that - Total turnover is shown at ₹ 11,31,029/- which is not doubted by the lower authorities at any stage and the purchases of the assessee are explained and the profits of ₹ 2,22,214/- shown by the assessee is much higher than the profit @ 5% of turnover of ₹ 11,31,029/- calculated at ₹ 56,551/-, we are of the view that assessee s disclosed income u/s 44AF of the Act at ₹ 2,22,214/- should have been accepted by the Revenue. Further as per second proviso to section 44AF assessee is also eligible for claiming deduction on salary and interest paid to its partners and in the case of assessee interest of ₹ 1,69,358/- and salary of ₹ 50,000/- has been shown to working partners and, therefore, assessee has rightly filed its return of income at NIL. We, therefore, are of the view that assessee is covered under the provisions of section 44AF of the Act and no addition was called for disallowance of purchases at ₹ 3,42,757/- and sustaining of disallowance on expenses @ 10% of ₹ 2,42,086/-, the same are deleted. - Decided in favour of assessee

Summary

Issues:
1. Disallowance of income offered for taxation on presumptive basis u/s. 44AF of the Income Tax Act.
2. Disallowance of business expenditure.
3. Confirmation of addition without providing reasons.
4. Applicability of provisions of section 44AF of the Act.

Analysis:
1. The assessee, a partnership firm engaged in retail trading, opted for presumptive taxation u/s 44AF of the Act for the assessment year 2008-09. The Assessing Officer rejected this claim and assessed the income at a higher amount, making additions for disallowance of purchases, expenses, unexplained creditors, and unexplained credit. The CIT(A) partly allowed the appeal, dismissing the application of section 44AF, deleting some additions, and sustaining a portion of the disallowance of business expenses. The Tribunal, after considering the facts and provisions of section 44AF, held that the assessee's business activities qualified for presumptive taxation under section 44AF, and the additions made by the lower authorities were unwarranted. Therefore, the Tribunal allowed the appeal, deleting the additions and accepting the returned income of the assessee.

2. The Tribunal noted that the assessee's turnover was not in dispute, and the majority of purchases were from a well-known company. The Tribunal found that the assessee's business of retail trade aligned with the provisions of section 44AF, which allows for a presumptive profit calculation based on turnover. The Tribunal also observed that the assessee had disclosed profits higher than required under section 44AF, justifying the application of the provision. Consequently, the Tribunal concluded that the assessee was eligible for the benefits under section 44AF, including deductions for salary and interest paid to partners, and upheld the assessee's claim for presumptive taxation.

3. The Tribunal highlighted that the Assessing Officer had not questioned the genuineness of sales, and the details of purchases were submitted to support the transactions. Despite this, the Assessing Officer made additions without sufficient cause. The Tribunal, after a thorough review of the case, found that the assessee's compliance with documentation requirements and the nature of its business warranted the application of section 44AF. The Tribunal emphasized that the provisions of section 44AF should have been correctly applied by the revenue authorities, and the additions made were unjustified.

4. The Tribunal's decision rested on the interpretation and application of section 44AF of the Income Tax Act to the assessee's case. By analyzing the turnover, profits, and nature of business activities, the Tribunal concluded that the assessee qualified for presumptive taxation under section 44AF. The Tribunal's ruling emphasized the importance of aligning assessments with the specific provisions of the Income Tax Act, ensuring that legitimate benefits available to taxpayers are duly recognized and applied.