2025 (4) TMI 1489 - AT - Income Tax

Addition being 8.0% of the turnover of contract Receipts - admittedly there was non-compliance on the part of the assessee in not maintaining the books of accounts in respect of it s contractual business - HELD THAT - We observe that this is the first year of the assessee s contractual business in which he has earned income from carrying out contractual work and also rental income on account of hiring of Plant and Machinery. For this year the assessee did not file return of income and has not maintained any books of accounts being the assessee s first year of business. For the succeeding assessment years the assessee has been regularly filing return of income and also maintaining duly audited books of accounts. For A.Y. 2012-13 the assessee has declared net profit rate of 2% approximately on total turnover of 5.65 crores. For A.Y. 2013-14 the assessee has declared approximately 2% net profit rate on total turnover of Rs. 7.01 crores approximately. For A.Y. 2013-14 there was a regular assessment in the case of the assessee wherein the aforesaid return of income was accepted by the Tax Department though there were some minor disallowances on account of certain expenditures for which the assessee was unable to provide supporting documentation. Accordingly in the interest of justice the net profit rate is directed to be restricted to 5% of the total turnover declared by the assessee for the impugned assessment year. Appeal of the assessee is partly allowed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal in this appeal are:

(a) Whether the addition of Rs. 46,63,936/- being 8% of the turnover of contract receipts amounting to Rs. 5,82,99,204/- as undisclosed income under Section 44AD of the Income Tax Act was justified in the facts and circumstances of the case.

(b) Whether the addition of Rs. 60,35,697/- being 50% of the hire receipts of machinery amounting to Rs. 1,20,71,394/- as undisclosed income was justified.

(c) Whether the Assessing Officer and the Commissioner of Income Tax (Appeals) were correct in reopening the assessment under Section 148 of the Act due to non-filing of return and non-maintenance of books of accounts by the assessee in the first year of business.

(d) The appropriate net profit rate to be applied for determination of income from contract receipts and rental income in the absence of maintained books and returns for the impugned assessment year.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (a): Validity of addition of 8% of contract receipts as undisclosed income under Section 44AD

The legal framework relevant to this issue is Section 44AD of the Income Tax Act, which provides for presumptive taxation of eligible businesses by applying a prescribed percentage of turnover as deemed profit, in cases where the assessee has not maintained proper books of accounts or failed to file returns.

The Assessing Officer applied the provisions of Section 44AD and estimated net profit at 8% of the contract receipts amounting to Rs. 5,82,99,204/-, adding Rs. 46,63,936/- as undisclosed income. The assessee had not filed returns nor maintained books for the impugned year, which was the first year of business.

The Tribunal noted that in subsequent assessment years (A.Y. 2012-13 and 2013-14), the assessee regularly filed returns and maintained audited books, declaring net profit at approximately 2% of turnover, which was accepted by the Department. For A.Y. 2013-14, a regular assessment was conducted with minor disallowances but acceptance of the net profit rate.

Considering these facts, the Tribunal reasoned that the 8% net profit rate applied by the Assessing Officer was excessive in the context of the assessee's actual business performance in succeeding years. The Tribunal took into account the first-year non-compliance but also the established pattern of profit declaration in subsequent years.

The Tribunal concluded that in the interest of justice and equity, a net profit rate of 5% on total turnover would be a reasonable estimate for the impugned year, lower than the 8% applied by the Assessing Officer but higher than the 2% declared in later years, reflecting the uncertainties of the initial year.

The Department's representative did not object to this compromise rate of 5%, acknowledging the totality of circumstances.

Issue (b): Addition of 50% of rental receipts as undisclosed income

The Assessing Officer treated the entire rental receipts of Rs. 1,20,71,394/- from hiring of Plant and Machinery as undisclosed income due to non-filing of return and lack of explanation.

On appeal, the Commissioner of Income Tax (Appeals) reduced the addition to 50% of the rental receipts, recognizing some merit in the assessee's claim but still holding a significant portion as unexplained income.

The Tribunal considered the assessee's submissions that the first year of business involved non-compliance but that subsequent years showed regular filing and maintenance of accounts. The Tribunal also noted the Department's acceptance of the 5% net profit rate for contract receipts and the absence of objection to a similar compromise on rental income.

In light of these factors, the Tribunal allowed the appeal partly by restricting the addition on rental income to 50% of the receipts, consistent with the CIT(A)'s order.

Issue (c): Validity of reopening assessment under Section 148

The reopening was based on the assessee's failure to file return and maintain books for the first year of business, despite substantial receipts from contract work and machinery hire.

The Tribunal did not explicitly question the validity of reopening but implicitly upheld it by proceeding to examine the quantum of addition and appropriate profit rates. The reopening was justified on the grounds of non-compliance and unexplained income.

Issue (d): Appropriate net profit rate for income determination

The Tribunal examined the evidence of subsequent years' declared profits and acceptance by the Department, which reflected a net profit rate of approximately 2%. Given the first year's non-compliance and lack of records, the Tribunal found it equitable to apply a compromise net profit rate of 5% for the impugned year.

This balanced approach accounted for the initial non-maintenance of books and non-filing, while recognizing the assessee's actual business performance in later years.

3. SIGNIFICANT HOLDINGS

The Tribunal held that:

"Taking into consideration the totality of the facts of the assessee's case, and also taking into consideration the fact that this is the first year of the assessee's business, in the interest of justice, the net profit rate is directed to be restricted to 5% of the total turnover declared by the assessee, for the impugned assessment year."

This establishes the principle that in cases of first-year business non-compliance, where subsequent years' returns and books are maintained and accepted, a compromise net profit rate may be applied rather than the presumptive rate or full addition.

The Tribunal confirmed the addition of undisclosed income on contract receipts under Section 44AD but moderated the rate from 8% to 5%.

Regarding rental income, the Tribunal upheld the addition at 50% of the receipts, as confirmed by the CIT(A), reflecting partial acceptance of the assessee's claim and partial disallowance due to unexplained income.

The reopening of the assessment under Section 148 was implicitly upheld due to non-filing and non-maintenance of accounts in the first year of business.

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