2018 (1) TMI 1542 - AT - Income Tax

Disallowance of expenses on wages petrol hire charges etc. - CIT-A applied net profit rate of 11.5% on an adhoc basis instead of head-wise disallowances made by the A.O. - HELD THAT - When the books of accounts of the assessee were rejected u/s 145(3) of the Act then the income of the assessee is required to be assessed on estimate basis and best judgment of the AO. Therefore the following earlier decision of this Tribunal in assessee s own case we do not find any error or illegality in the impugned orders of the ld. CIT(A) qua this issue. Disallowance u/s 40(a)(ia) - non deduction of tax at source - amount paid or payable at the end of the year - CIT(A) has deleted the said disallowance on the ground that the entire expenditure claimed by the assessee was paid and nothing was payable at the end of the year - whether any disallowance u/s 40(a)(ia) would be made when the income of the assessee is assessed on the basis of net profit estimated by the ld. CIT(A) after rejection of the books of accounts of the assessee u/s 145(3)? - HELD THAT - As decided in M/S POWER LINERS VERSUS A.C.I.T. CIRCLE-3 JAIPUR 2018 (1) TMI 512 - ITAT JAIPUR once the n.p. rate is estimated the AO cannot based this disallowance on the same books of accounts for the purpose of disallowance by invoking provisions of section 40(a)(ia) of the Act or general disallowance u/s 37 of the Act. The estimation made by the AO of net profit will take care of every addition related to business income or business receipts and no further disallowance can be made. Also see ARJUN BHOWMICK 2014 (8) TMI 1075 - CALCUTTA HIGH COURT - Appeal of the Revenue is dismissed.

Summary

Issues Involved:
1. Restriction of disallowance of expenses by CIT(A) by applying a net profit rate of 11.5%.
2. Deletion of addition under Section 40(a)(ia) for non-deduction of TDS.

Issue-wise Detailed Analysis:

1. Restriction of Disallowance of Expenses by Applying Net Profit Rate:

The Revenue challenged the CIT(A)'s decision to restrict the disallowance of various expenses (wages, petrol, hire charges, etc.) totaling Rs. 1,30,41,580/- by applying a net profit rate of 11.5% instead of specific head-wise disallowances made by the Assessing Officer (AO). The assessee, a partnership firm engaged in civil contracting, declared a net profit of 5.22% for the assessment year 2009-10. The AO, after rejecting the books of accounts under Section 145(3) of the Income Tax Act, disallowed various expenses amounting to Rs. 1,30,41,580/- by applying disallowance rates of 5% and 10% on different heads of expenses.

The CIT(A) followed the Tribunal's decision in the assessee's own case for the assessment years 2007-08 and 2008-09 and applied a net profit rate of 11.5% before allowing depreciation and interest. The Tribunal upheld the CIT(A)'s decision, noting that once the books of accounts are rejected, the income should be assessed on an estimate basis, and specific disallowances are not in accordance with Section 145(3) r.w.s. 144 of the Act. The Tribunal confirmed that the CIT(A) correctly applied the net profit rate of 11.5%, consistent with the previous years' decisions.

2. Deletion of Addition under Section 40(a)(ia):

The AO disallowed Rs. 19,30,332/- under Section 40(a)(ia) for non-deduction of tax at source. The CIT(A) deleted this disallowance, stating that the entire expenditure was paid and nothing was payable at the end of the year. The Revenue contended that the issue is covered by the Supreme Court's decision in M/s Palam Gas Service vs. CIT, which reversed the earlier decision in Vector Shipping Service P. Ltd. vs. CIT.

The assessee argued that once the books of accounts are rejected and income is estimated by applying a net profit rate, no further disallowance under Section 40(a)(ia) is warranted. The Tribunal agreed, citing its previous decision in M/s Power Liner vs. ACIT, where it was held that after rejecting the books of accounts and estimating the income, no further addition can be made under Section 40(a)(ia). The Tribunal followed the precedent set by earlier decisions and deleted the addition made by the AO under Section 40(a)(ia).

Conclusion:

The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s application of the net profit rate of 11.5% and deleting the disallowance under Section 40(a)(ia). The decision was consistent with the assessee's past assessment years and judicial precedents, ensuring a fair and consistent application of the law.