AO cannot direct to produce Profit and Loss Account to show source of Expenditure not recorded in Gross Receipt u/s 44AD: ITAT deletes Penalty [Read Order]
The Income Tax Appellate Tribunal (ITAT), Kolkata bench, recently passed a significant ruling in the case of Prem Kumar Goutam, where it held that the assessing officer (AO) cannot direct the assessee to produce a profit and loss account to demonstrate the source of expenditure when the gross receipt under Section 44AD of the Income Tax Act, 1961, was not recorded. Additionally, the ITAT also ordered the deletion of the penalty imposed in this case. Let’s take a closer look at the details of this ruling.
Background of the Case
Prem Kumar Goutam, the assessee, is engaged in the business of manufacturing bricks. The case pertains to the assessment year 2014-15, where the assessee filed its return of income under Section 44AD, which allows for the computation of income based on a presumptive basis.
During the course of the assessment, the AO issued a notice to the assessee requiring them to produce a profit and loss account to substantiate the source of expenditure. The AO was of the opinion that certain expenses had not been accounted for properly. Consequently, the AO imposed a penalty on the assessee for not producing the requested accounts.
Rulings of the ITAT
The ITAT, after considering the facts and arguments put forth by both sides, ruled in favor of the assessee. The tribunal held that the AO’s directive to produce a profit and loss account was not in accordance with the provisions of the Income Tax Act.
The ITAT referred to Section 44AD, which provides for the computation of income on a presumptive basis for eligible businesses. Under this section, the assessee is required to declare income at a specified percentage of the gross receipt. In the case at hand, the assessee had duly disclosed the income based on the specified percentage.
The ITAT observed that the purpose of introducing Section 44AD was to simplify the tax computation for small businesses and reduce the burden of compliance. It was not the intention of the legislature to require the assessee to maintain detailed accounts and produce the profit and loss account to substantiate the source of expenditure. The tribunal opined that the AO’s directive went against the essence of the provision.
Based on these observations, the ITAT concluded that the AO’s demand for a profit and loss account was unjustified, and the penalty imposed on the assessee for non-compliance should be deleted.
Implications of the Ruling
The ruling by the ITAT provides clarity on the issue of whether the AO can direct the assessee to produce a profit and loss account when the source of expenditure is not recorded. This ruling establishes that when a taxpayer has opted for the presumptive taxation scheme under Section 44AD, they are not required to maintain detailed accounts and produce a profit and loss account.
This decision is likely to have a positive impact on small businesses who choose to avail themselves of the benefits of the presumptive taxation scheme. It relieves them from the burden of maintaining extensive records and facilitates ease of compliance.
Frequently Asked Questions (FAQs)
Q1: What is Section 44AD of the Income Tax Act?
A1: Section 44AD of the Income Tax Act allows for the computation of income on a presumptive basis. It is applicable to eligible businesses with a turnover of up to Rs. 2 crore.
Q2: What is the purpose of Section 44AD?
A2: The purpose of Section 44AD is to simplify the tax computation for small businesses and reduce the burden of compliance by allowing them to declare income at a specified percentage of the gross receipt.
Q3: Can the assessing officer direct an assessee to produce a profit and loss account under Section 44AD?
A3: No, the assessing officer cannot direct an assessee to produce a profit and loss account when the source of expenditure is not recorded, as per the recent ruling by the ITAT.
Q4: What are the implications of the ITAT’s ruling?
A4: The ITAT’s ruling provides clarity that when a taxpayer chooses the presumptive taxation scheme under Section 44AD, they are not required to maintain detailed accounts and produce a profit and loss account. This ruling is expected to benefit small businesses by reducing their compliance burden.
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