2018 (6) TMI 1286 - HC - Income Tax

Addition to income - Whether any addition to income can be made on the basis of balance-sheet and profit and loss accounts certified to have been prepared on estimate basis to avail bank loan and having no relation with the actual? - Held that - The balance-sheet and profit and loss accounts of an assessee accompanied by a certificate as to its fairness, notwithstanding the caveat as noticed in paragraph 2(A) thereof, cannot be tailor-made to suit a particular purpose or window-dressed to make it attractive for bankers to rely thereupon and all the gloss and sheen removed thereafter when it was the time to pay tax. When the assessee presented the financial position of the assessee as in the balance-sheet of July 18, 2005, the assessee could no longer resile from such position. It was then open to the Assessing Officer and the income tax authorities to pin the assessee down on the basis of the assessee s representation contained in the earlier balance-sheet and the reasoning indicated in the quoted paragraph by the Appellate Tribunal does not call for any interference. Appellate Tribunal may only be faulted for not reporting Roy Ghosh and Associates to the Institute of Chartered Accountants for having apparently abetted in the commission of a colossal act of misrepresentation which the appellant assessee undertook before his bankers for the purpose of obtaining credit facilities by indicating a financial position that was not warranted by the books of the assessee. Appeal dismissed with costs assessed at ₹ 10,000/- to be paid to the Department within four weeks from date.

Summary

Issues:
1. Addition to income based on balance-sheet and profit and loss accounts prepared on an estimate basis for obtaining bank loans.
2. Relevance of previous balance-sheet figures in the context of subsequent balance-sheet presented before income tax authorities.
3. Interpretation of the certificate issued by chartered accountants in relation to the financial position of the assessee.
4. Compliance with audit rules and regulations under the Income Tax Act, 1961.

Analysis:

1. The case revolves around the question of whether additions to income can be made based on balance-sheet and profit and loss accounts prepared on an estimate basis to secure bank loans. The appellant-assessee argued that the figures in the balance-sheet were estimates for loan purposes and should not lead to income additions. However, the Appellate Tribunal disagreed, emphasizing that the audited financial accounts should be relied upon for assessment and determining taxable income. The Tribunal highlighted the professional conduct rules governing chartered accountants and upheld the addition made by the Assessing Officer.

2. The discrepancy between two audited balance sheets, one prepared by Roy Ghosh and Associates and the other by Naredi & Co., led to a legal debate. The Appellate Tribunal held that the balance-sheet dated July 18, 2005, prepared by Roy Ghosh and Associates, must be considered for assessment purposes, despite the subsequent balance-sheet dated October 15, 2005, presented before the income tax authorities. This decision underscores the importance of consistency and accuracy in financial reporting for tax assessments.

3. The certificate issued by Roy Ghosh and Associates played a crucial role in the case. The certificate, appended to the balance-sheet of July 18, 2005, stated that the information provided was based on estimates for obtaining a bank loan and did not reflect actual figures. Despite this disclaimer, the Tribunal emphasized that the certificate did not indicate that the figures were merely estimates. The Tribunal highlighted the professional obligations of chartered accountants and the significance of accurate financial reporting for tax purposes.

4. The judgment also delves into the compliance aspect of audit rules under the Income Tax Act, 1961. It emphasized that the tax audit report should be based on actual financial data and not altered to mislead assessing officers or the public. The Tribunal criticized any attempt to manipulate financial information for loan approval purposes and later adjusting it for tax assessment. The decision underscores the need for transparency and integrity in financial reporting to ensure fair tax assessments.

In conclusion, the High Court of Calcutta upheld the addition to income based on the audited balance-sheet figures, emphasizing the importance of accurate financial reporting and adherence to professional standards by chartered accountants. The judgment serves as a reminder of the legal obligations surrounding financial disclosures for loan applications and tax assessments, highlighting the consequences of misrepresentation and the need for consistency in financial reporting practices.