2017 (8) TMI 363 - AT - Income Tax

Assessment of income on estimation basis rejecting the books of account - addition @8% - rejection of books of accounts - project completion method - Held that - As noticed from the learned Commissioner of Income-tax (Appeals) orders that, the assessee has not filed the returns for the assessment year 2014-15 and 2015-16 and not ascertainable whether the assessee has completed the project and admitted the taxable income relating to the above projects in the subsequent years. The authorised representative also did not furnish any information regarding the completion of project and admission of income in respect of the above two projects. In the absence of production of book of account, bills, vouchers true and correct income cannot be deduced. Therefore, we do not find any error in the order of the learned Commissioner of Income-tax (Appeals) and accordingly, we confirm the addition made by the Assessing Officer at the rate of 8 per cent. on the gross receipts. Estimation of income on accumulated gross receipts - Held that - Since the substantial project works have been completed and the risks were transferred, the Assessing Officer estimated the income on the gross receipts accumulated till the end of the financial year 2009-10. From the commencement of the project till the assessment year 2010-11 and subsequent year, the assessee filed nil return and no income was admitted. The assessee has not submitted the details relating to completion of project and admission of income relating to the above projects. In the absence of books of account, the correctness of the expenditure could not be established. Therefore, only option available to the Assessing Officer is to estimate the income and complete the assessment. The assessee has not admitted any income in the earlier years and no evidence has shown regarding the admission of income in the subsequent years and the Assessing Officer held that the substantial risks have been transferred in the year under consideration. Therefore, we do not find any error in the lower authorities orders and we confirm the order of the learned Commissioner of Income-tax (Appeals) and dismissed the grounds of appeal.

Summary

Issues:
- Assessment of income on estimation basis rejecting books of account
- Applicability of Accounting Standards 7 and 9
- Adequacy of evidence provided by the assessee
- Estimation of income based on gross receipts
- Completion of project and admission of income in subsequent years

Assessment of income on estimation basis rejecting books of account:
The assessee's appeals challenged the assessment of income on an estimated basis, rejecting the books of account for the assessment years 2010-11 and 2011-12. The Commissioner of Income-tax (Appeals) upheld the Assessing Officer's decision to estimate income at 8% of project receipts due to lack of proper documentation and evidence from the assessee. The appellant contended that the project completion method was consistently followed, and income would be accounted for upon project completion. However, the failure to provide sufficient evidence led to the rejection of the books of account and the estimation of income by the authorities.

Applicability of Accounting Standards 7 and 9:
The Assessing Officer raised concerns regarding the application of Accounting Standard 7 and 9 by the assessee. The officer argued that based on project completion percentages, income should have been estimated differently. The appellant, on the other hand, claimed that these standards were not applicable to developers like the assessee. The Tribunal noted the absence of clear evidence supporting the method of accounting followed by the assessee, leading to the rejection of the contentions related to Accounting Standards 7 and 9.

Adequacy of evidence provided by the assessee:
The Tribunal emphasized the importance of maintaining regular books of account and providing supporting evidence to establish the correctness of financial positions. The failure of the assessee to produce books of account, bills, and vouchers undermined their claims of following the project completion method. The lack of documentation regarding project completion and income admission in subsequent years weakened the assessee's case and supported the decision to estimate income based on gross receipts.

Estimation of income based on gross receipts:
The Tribunal upheld the decision to estimate income based on accumulated gross receipts until the end of the financial year 2009-10, as the assessee had not admitted any income in earlier or subsequent years. The completion of substantial project works and the transfer of risks justified the estimation of income by the authorities. Without concrete evidence or documentation, estimating income based on gross receipts was considered appropriate by the Tribunal.

Completion of project and admission of income in subsequent years:
The Tribunal highlighted the lack of information regarding the completion of projects and the admission of income in subsequent years by the assessee. The failure to provide details on project completion and income admission weakened the assessee's position, leading to the confirmation of the lower authorities' orders. The Tribunal dismissed the grounds of appeal, affirming the estimation of income and completion of assessments for the relevant years.