2023 (5) TMI 880 - AT - Income Tax

Rejection of books of accounts - estimation of income - books of account as produced by the assessee before the AO has been rejected and the income of the assessee estimated - HELD THAT - All grounds on the basis of which the AO has rejected the books of account and adopted the estimation of income is found to be unsubstantiated and unsustainable the rejection of books of account by the AO itself stands reversed and the estimation of income as done by the AO stands deleted. TDS certified issued by Corporation Bank on an interest income assessed in the hands of the assesse - AR submits that the said amount has been disclosed by the constituent in his return of income the income of the year is to be assessed in the hands in which the income is received. The income is received in the hands of JV therefore interest is to be assessed in the hands of JV. After taxing the same in the hands of the JVs the profit if any is to be apportioned in the line with JV agreement. In these circumstances addition as made by the AO being the interest received from Corporation Bank has been rightly made and does not call for any interference. AO shall examine whether the said amount has been disclosed by the constituent members of JV in their returns. If it is found that the amount has been disclosed by the constituent JVs in their returns the same is to be deleted from the hands of the constituent. Appeals of the assessee stand partly allowed.

Summary

Issues Involved:
The issues involved in the judgment are rejection of books of account by the Assessing Officer and estimation of income, transfer of contract receipts to sub-contractor, justification of TDS refund claim, and assessment of interest income received from Corporation Bank.

Rejection of Books of Account and Estimation of Income:
The assessee, a joint venture, had transferred entire contract receipts to a sub-contractor, leading to the rejection of books of account by the Assessing Officer. However, the rejection was found to be unjustified as the reasons provided were not substantial. The rejection was based on the grounds of transfer to sub-contractor, unclarified source payment, TDS refund claim, and lack of material evidence. The Tribunal found these grounds unsubstantiated and unsustainable, leading to the reversal of the rejection of books of account and deletion of the estimated income.

Transfer of Contract Receipts to Sub-contractor:
The joint venture transferred the entire contract receipts to the sub-contractor who executed the contract physically. The Assessing Officer raised concerns about this transfer, but it was argued that the sub-contractor had disclosed the profits in their return, and as there was no profit in the hands of the joint venture, no income could be assessed. The Tribunal found that the rejection of books based on this ground was not valid as it did not affect the discernibility of profit from the books.

Justification of TDS Refund Claim:
The assessee claimed a refund of TDS made by South Eastern Railway, Kolkata, as the income had already been disclosed by the sub-contractor. The Tribunal noted that just because the net total income was nil, it was not a valid ground for rejecting the TDS claim or the books of account. The rejection based on this ground was deemed unjustified.

Assessment of Interest Income from Corporation Bank:
The Tribunal upheld the addition made by the Assessing Officer regarding interest income received from Corporation Bank. The income was to be assessed in the hands of the joint venture, and any profit was to be apportioned in line with the joint venture agreement. However, the Assessing Officer was directed to verify if the constituent members of the joint venture had disclosed the amount in their returns, and if so, the amount was to be deleted from their hands.

Conclusion:
The Tribunal partly allowed the appeals of the assessee, reversing the rejection of books of account and deletion of the estimated income. The addition of interest income from Corporation Bank was upheld, subject to verification of disclosure by constituent members.