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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM
आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM आयकर अपीऱ सं./ITA No.255/CTK/2018 (नििाारण वषा / Assessment Year :2015-2016) M/s Ashirvad Infrastructure, Vs. ITO, Ward-2(2), Flat No.1, Plot No.26, Bhubaneswar Budha Nagar, Laxmisagar, Bhubaneswar-751006 स्थायी लेखा सं./PAN No. : AATFA 5443 Q (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee by : Shri Brajabandhu Bihari, AR िाजस्व की ओर से /Revenue by : Shri Subhendu Dutta, DR
सुनवाई की तािीख / Date of Hearing : 06/09/2019 घोषणा की तािीख/Date of Pronouncement : 11/09/2019 आदेश / O R D E R Per L.P.Sahu, AM: This is an appeal filed by the assessee against the order of CIT(A)-1, Bhubaneswar, dated 23.04.2018 for the assessment year 2015-2016. 2. The assessee has raised the following grounds of appeal :- 1. That the order passed by the honorable Commissioner if Income Tax (Appeal)-l as well as the order of assessment passed by the learned Assessing Officer, Ward-2 (2), Bhubaneswar without valid reason and without considering the facts of the case is illegal, unjustified and liable to be quashed. 2. That the estimation of net profit @15% on closing stock treating it as sale is unjustified, arbitrary and not tenable in law. 3. That as per the audited statement of accounts of the appellant, the net taxable profit ratio to sales was 1.04%. On the basis of this the taxable profit on stock, if treated as sale shall be Rs.1,95,610. [ 4. That again once this is taxed this year, the assessee shall claim refund in subsequent year, when the said stock has actually been sold in the AY 2016-17 and AY 2017-18.
2 ITA No.255/CTK/2018 5. That above all there was actually stock valued at cost amounting to Rs. 1,88,08,700/- as on 31.03.2015 as per certificate of architect. 6. That the appellant begs to urge further grounds to be raised at the time of hearing.
Brief facts of the case are that the assessee derives income from
construction and sale of flat and filed return of income electronically on
01.10.2015 showing gross total income at Rs.8,08,190/-. The case was
selected for scrutiny and statutory notices were issued to the assessee
on various dates but no proper compliance was made on the part of the
assessee. On scrutiny of documents available before him, the AO
noticed that the assessee has shown closing stock(WIP) of
Rs.1,88,08,700/-, which was verified from the trading profit and loss
account and balance sheet. Thereafter details were called for as per
notice u/s.142(1) of the Act dated 01.11.2017 to furnish the details of
closing stock with valuation report. On the date of hearing the assessee
could not furnish sufficient documents/evidences/books of accounts
for verification on the above stated issue. Even another opportunity
was also given to the assessee for furnishing the details upto 8th
December, 2017 but the assessee neither appeared before the AO nor
filed any details. Accordingly, the framed the assessment and added the
entire amount of closing stock(WIP) to the total income of the assessee.
3 ITA No.255/CTK/2018 4. Feeling aggrieved by the order of AO, the assessee appealed
before the CT(A) and the CIT(A) considering the submissions of the
assessee and findings of AO has applied Percentage Completion Method
(PCM) and estimated @15% profit on the entire value of closing
stock(WIP) as declared by the assessee in his profit and loss account
and balance sheet. Accordingly, the CIT(A) substituted by profit of
Rs.28,21,305/- on the valuation of closing stock.
Further feeling aggrieved by the order of CIT(A), the assessee is
in appeal before the Income Tax Appellate Tribunal.
Ld. AR before us filed paper book which is placed on record
containing written submission of material fact, balance sheet as on
31.03.2015 and copy of tax audit report for A.Y.2015-2016 and
submitted that both the authorities below are not justified and the
entire value of closing stock should not be added and no any receiving
has been recognized from the closing stock as shown in the profit and
loss account. He also submitted that once it is added in the impugned
year, the assessee will get benefit in the subsequent year as opening
work-in-progress. The tax would be nutrialized. Therefore, ld. AR
prayed for allowing the appeal of the assessee.
4 ITA No.255/CTK/2018 7. On the other hand, ld.DR relied on the order of AO and submitted
that the AO has rightly added the amount of unexplained closing
stock(WIP) to the total income of the assessee. The assessee has also no
cooperated with the department at the assessment stage and unable to
substantiate the value of closing stock(WIP). No any report has been
obtained from the technical persons/architect for valuing of the closing
stock(WIP). The assessee should value on the basis of percentage
completion method as prescribed by the Institute of Chartered
Accountants of India (ICAI) for the construction contract.
After hearing both the sides and carefully perusing the entire
materials available on record and the orders of lower authorities, we
find that the CIT(A) has applied percentage completion method and
accordingly calculated profit @15% on the value of closing stock(WIP).
We further observe that the assessee has also disclosed in the balance
sheet advance from customers of Rs.2,91,31,903/-. As per charging of
income-tax u/s.4 of the Act, the law is settled that profit should be
taxed in the year in which it has been earned/accrued by the assessee.
The assessee has followed mercantile system of accounting and in
respect of the construction contract. The Percentage Completion
Method (PCM) has been recognized for calculating of the profits. As per
our considered opinion, the assessee should have been obtained the
5 ITA No.255/CTK/2018 valuation report from any technical persons/architects for valuing of
the closing stock(WIP) and accordingly he should have been disclosed
in his profit and loss account. It is undisputed that the assessee has
taken advance from customers i.e. the final sale value has not been
recognized. We also notice from the order of AO that the assessee did
not cooperate during the course of assessment proceedings for
substantiating the valuation of closing stock(WIP) as shown in the
profit and loss account. Further as per the profit and loss account filed
before us by the assessee at paper book page no.6, we find that the
gross profit of the assessee comes to 6.45% on the assessee’s business
for the year under consideration. Therefore, as per our considered
opinion, the authorities below should apply the GP rate on the
impugned amount @6.45%. Accordingly, we restrict the addition
estimating @6.45% on the value of closing stock(WIP) as shown by the
assessee in his profit and loss account. Hence, the profit on the closing
stock of Rs.1,88,08,700/- estimated @15% by the CIT(A) without any
basis, is restricted to 6.45% and the profit is directed to be taxed in the
impugned assessment year on the closing stock at Rs.12,13,161/-.
Further in regard to the contention of ld. AR that the assessee will get
benefit of opening work-in-progress in the next year, it is made clear
that the assessee has not cooperated during the course of assessment
stage for substantiating the value shown in the profit and loss account
6 ITA No.255/CTK/2018 of work-in-progress. The AO has added as unexplained closing stock (WIP) and the ld. CIT(A) has observed that percentage completion method (PCM) has not been followed. Therefore, the contention of the assessee is not accepted. Accordingly, the grounds of appeal of the assessee are partly allowed.
In the result, appeal of the assessee is partly allowed. Order pronounced in the open court on this 11/09/ 2019.
Sd/- Sd/- (C.M.GARG) (L.P.SAHU) न्यानयक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER कटक Cuttack; ददनांक Dated 11/09/2019 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : अऩीलाथी / The Appellant- 1. M/s Ashirvad Infrastructure, Flat No.1, Plot No.26, Budha Nagar, Laxmisagar, Bhubaneswar-751006 प्रत्यथी / The Respondent- 2. ITO, Ward-2(2), Bhubaneswar आयकि आयुक्त(अऩील) / The CIT(A), 3. आयकि आयुक्त / CIT 4. ववभागीय प्रनतननधध, आयकि अऩीलीय अधधकिण, कटक / DR, ITAT, 5. Cuttack गार्ा पाईल / Guard file. 6. सत्यावऩत प्रनत //True Copy// आदेशािुसार/ BY ORDER,
(Senior Private Secretary) आयकर अपीऱीय अधिकरण, कटक / ITAT, Cuttack