2010 (9) TMI 168 - HC - Income Tax

Depreciation - net profit excludes a separate allowance of any other expenditure claimed under profit and loan account and trading account - Assessing Officer noticed defects in the maintenance of accounts and since the true taxable income was not disclosed in the accounts invoking proviso to Section 145(1) of the Act the Assessing Officer made assessment after applying net profit rate of 10% - Held that - depreciation having been already taken into account while determining the income at net profit rate of 10% the same could not be taken into account once again - answered against the assessee

Summary

Issues:
1. Interpretation of Section 256(1) of the Income Tax Act, 1961 regarding estimation of income in a contract case.
2. Application of net profit rate in assessing taxable income for a MES Contractor.
3. Consideration of depreciation and interest claimed by the assessee in determining taxable income.
4. Relevance of circular of CBDT dated 31.8.1965 in assessing depreciation.

Analysis:

1. The Income Tax Appellate Tribunal referred a question of law under Section 256(1) of the Income Tax Act, 1961, regarding the proper estimation of income in a contract case. The issue revolved around whether the net profit rate, excluding a separate allowance for any other expenditure claimed, should be adopted based on similar cases.

2. The assessee, a MES Contractor, faced assessment issues due to defects in account maintenance. The Assessing Officer applied a net profit rate of 10% after finding that interest and depreciation claimed by the assessee were already considered in the expenses. However, on appeal, the circular of CBDT dated 31.8.1965 was cited, allowing the assessee to claim depreciation and interest.

3. The Tribunal observed that the application of net profit rate should not include depreciation and interest, as it could distort the net profit calculation. It was noted that heavy machinery users would have higher net profits compared to those not using such equipment for Civil Works execution.

4. In the judgment, the Court considered the arguments regarding the deduction of depreciation from net profit. The revenue's stance was that if depreciation was already considered in the net profit rate calculation, it should not be allowed as a separate deduction. The Court agreed with this position, emphasizing that depreciation should be accounted for in the initial net profit rate determination.

5. The Court differentiated the case from a previous judgment, highlighting that if depreciation was already factored into the net profit rate calculation, it should not be separately deducted. Ultimately, the Court ruled in favor of the revenue, concluding that the depreciation had been appropriately considered in the initial assessment based on the net profit rate.

This detailed analysis of the judgment provides insights into the legal interpretation of income estimation, application of net profit rate, consideration of depreciation and interest, and the relevance of circulars in assessing taxable income for contractors.