2022 (6) TMI 1528 - AT - Income Tax

Returned income shown by the assessee u/s 44AD treated as unexplained money u/s 69A - assessee is not maintaining any books of accounts and return of income has been filed under section 44AD - HELD THAT - Since the assessee is involved in a small business activity and filed return of income under presumptive provisions under section 44AD of the Act and the assessee had already submitted sales account before all the authorities and the assessee had also filed capital position along with the return of income showing the cash balance kept in locker. Considering the same as abnormal profit the Assessing Officer has not educed sufficient evidence to show that the income of the assessee which falls under the provisions of section 69A of the Act. Since the assessee is not maintaining any books of account and in such situation only net profit as per provisions of section 44AD of the Act is required to be estimated as a net profit and not the entire turnover. The assessee submitted that the cash deposited pertains to his retail business. The assessee filed the sales register which has not been discarded by any of the authorities below. Considering the total turnover sale of the assessee net income determined under section 44AD of the Act shown by the assessee has to be accepted as there is no provision in the Income Tax Act 1961 to reduce the income of the assessee. It is also admitted fact that in the earlier years the department has accepted income U/s. 44AD of the Income Tax Act. The income determined under section 69A of the Act is directed to be treated as regular return of income of the assessee and returned income shown by the assessee is hereby directed to be accepted.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment include:

• Whether the income declared by the assessee under section 44AD of the Income Tax Act, 1961, can be treated as unexplained money under section 69A of the Act.
• Whether the addition made by the Assessing Officer under section 69A is justified when the assessee has opted for presumptive taxation under section 44AD.
• Whether the levy of interest under sections 234A, 234B, and 234C of the Act is valid when the additions made by the Assessing Officer are deleted.

ISSUE-WISE DETAILED ANALYSIS

1. Treatment of Income under Section 44AD vs. Section 69A

• Relevant Legal Framework and Precedents: Section 44AD provides for presumptive taxation for small businesses, allowing them to declare income at a prescribed rate without maintaining detailed books of accounts. Section 69A deals with unexplained money, treating it as income if not satisfactorily explained.
• Court's Interpretation and Reasoning: The Tribunal noted that Section 44AD does not obligate the maintenance of books of accounts. The income declared under this section is presumed to be accurate unless proven otherwise. The Tribunal emphasized that the burden of proof lies with the Assessing Officer to demonstrate that the income is unexplained.
• Key Evidence and Findings: The assessee filed returns under Section 44AD, showing a higher income than the statutory requirement. The sales account was submitted, and no discrepancies were noted by the authorities.
• Application of Law to Facts: The Tribunal concluded that since the income was declared under Section 44AD, the provisions of Section 69A were not applicable. The income declared was supported by the sales account, and no evidence was presented to prove it was unexplained.
• Treatment of Competing Arguments: The Tribunal rejected the department's argument that the income was abnormal and fictitious, noting the lack of evidence to support this claim.
• Conclusions: The Tribunal directed that the income declared under Section 44AD be accepted and not treated as unexplained under Section 69A.

2. Levy of Interest under Sections 234A, 234B, and 234C

• Relevant Legal Framework: Sections 234A, 234B, and 234C pertain to the levy of interest for defaults in furnishing return, payment of advance tax, and deferment of advance tax, respectively.
• Court's Interpretation and Reasoning: The Tribunal recognized that the levy of interest under these sections is consequential to the determination of taxable income.
• Application of Law to Facts: Since the Tribunal accepted the income declared by the assessee and deleted the additions made by the Assessing Officer, the basis for levying interest no longer existed.
• Conclusions: The Tribunal dismissed the ground related to the levy of interest, as the additions were deleted and the returned income was accepted.

SIGNIFICANT HOLDINGS

• The Tribunal held that the income declared under Section 44AD should not be treated as unexplained under Section 69A, emphasizing the lack of obligation to maintain detailed books of accounts under Section 44AD.
• The Tribunal stated, "Since the assessee is involved in a small business activity and filed return of income under presumptive provisions under section 44AD of the Act, there was no justification to consider the sales of assessee to be bogus or to make addition of cash in hand as per details submitted by the assessee."
• The Tribunal concluded that the provisions of Section 69A were not applicable, as the income declared was supported by the sales register and no evidence was presented to prove it was unexplained.
• The Tribunal directed the deletion of additions made under Section 69A and accepted the income declared by the assessee.
• The Tribunal dismissed the ground related to the levy of interest under Sections 234A, 234B, and 234C, as the additions were deleted and the returned income was accepted.