2008 (8) TMI 528 - HC - Income Tax

Accounting- Rejection- Revenue alleged that the assessee has not accounted the correct receipts and on that basis the Assessing Officer computed the total income of the assessee at Rs. 52, 10, 010. Against that order the assessee preferred an appeal before the Commissioner of Income-tax (Appeals) and the Commissioner of Income-tax (Appeals) has estimated the profits of the assessee at 8 per cent. of the contract receipts having found that the total addition made by the Assessing Officer is highly exorbitant which would amount to net profit at 27.28 per cent. which is commercially impossible in respect of Government contract works. Tribunal took into consideration that under section 44AD of the Act when books of account were not maintained the income had to be estimated only at 8 percent. Held that- the Tribunal was justified in upholding the estimate.

Summary

Issues: Appeal against Tribunal's order regarding addition to income and profit estimation for a partnership firm engaged in government projects for assessment year 2002-03.

Analysis:
1. Issue 1 - Addition to Income: The Revenue appealed against the Tribunal's order regarding the addition to the income of the partnership firm. The Assessing Officer computed the total income at a higher amount compared to the firm's disclosure. The Commissioner of Income-tax (Appeals) estimated the profits at 8% of contract receipts, finding the Assessing Officer's addition to be excessive. The Tribunal upheld the Commissioner's decision, considering it reasonable and not requiring interference. The Revenue challenged this decision by framing a substantial question of law. The High Court upheld the Tribunal's decision, emphasizing that the estimation was based on the firm not maintaining proper accounts, and under Section 44AD, income can be estimated at 8% when books of account are not maintained. The Court found the Tribunal's conclusion to be correct and dismissed the appeal.

2. Issue 2 - Profit Estimation: The second issue involved the Tribunal's decision to sustain the Commissioner's order estimating the profits of the firm at 8% of contract receipts despite the firm not maintaining proper accounts. The Commissioner's estimation was based on the excessive addition made by the Assessing Officer, leading to a net profit of nearly 28%, which was deemed commercially impossible for government contract works. The Tribunal considered the estimation to be valid under Section 44AD, and the High Court agreed with this assessment, stating that the Tribunal's decision was judicious and did not warrant interference. Consequently, the High Court dismissed the appeal based on these reasons.

In conclusion, the High Court upheld the Tribunal's decision regarding the addition to income and profit estimation for the partnership firm engaged in government projects for the assessment year 2002-03, emphasizing the validity of estimations based on the firm's lack of proper accounts and the applicability of Section 44AD in such cases.