Facts of the Case
The assessee had not filed his return of income for Assessment
Year 2017-18 within the prescribed time. During verification under “Operation
Clean Money,” the department identified substantial cash deposits, including
deposits during the demonetization period.
A notice under Section 142(1) was issued directing the
assessee to file the return. The Assessing Officer recorded non-compliance and
noted that the assessee had deposited cash aggregating to ₹1,71,72,650 during
the year, including ₹16,74,500 during demonetization.
Subsequently, the assessee submitted replies along with ledger
accounts, balance sheet, profit and loss account, audit report, computation of
income, Form 26AS, and a belated return declaring income of ₹2,17,700.
The Assessing Officer rejected the audit report on the ground
that it had not been uploaded before the specified date and that complete books
of account were not produced. Treating the entire cash deposits as turnover,
the AO estimated income at 8% and completed assessment under Section 144.
Issues Involved
- Whether
a return filed beyond the time allowed in a notice under Section 142(1)
could be treated as non-est.
- Whether
the Assessing Officer was justified in ignoring a belated audit report
filed before completion of assessment.
- Whether
income could be estimated at 8% of cash deposits treated as turnover.
- Whether
best-judgment assessment under Section 144 was valid in the circumstances.
- Whether
the matter required fresh verification of books of account.
Petitioner’s Arguments (Assessee)
- Due
to technical glitches, the return could not be uploaded within time.
- A
grievance petition had been filed with the department regarding the issue.
- The
return and supporting documents were submitted before completion of
assessment.
- The
audited profit and loss account disclosed net profit of ₹3,38,105 (1.93%),
which should have been accepted.
- Application
of 8% profit rate on deposits was excessive for retail motorcycle trade.
- The
assessment order was invalid for want of notice under Section 143(2).
Respondent’s Arguments (Revenue)
- The
assessee failed to file the return within the statutory timeline.
- The
belated return filed after expiry of time allowed under Section 142(1)
could be treated as non-est.
- The
audit report was not uploaded within the prescribed time.
- Complete
books of account were not produced for verification.
- Therefore,
the Assessing Officer rightly proceeded under Section 144.
Court Order / Findings (ITAT Allahabad)
1. Validity of Return Filed After Time Under
Section 142(1)
The Tribunal held that once the time specified in a notice
under Section 142(1) has expired, the assessee cannot file a return at any
later time of his choosing. In such circumstances, the Assessing Officer is
justified in treating the return as non-est and proceeding as if no return had
been filed.
2. Treatment of Belated Audit Report
The Tribunal observed that several judicial decisions hold
that filing an audit report before completion of assessment constitutes
sufficient compliance, since the requirement of filing it along with the return
is directory and not mandatory.
Therefore, the Assessing Officer was not justified in
completely ignoring the audit report once it had been submitted.
3. Need for Verification of Books
The AO could not verify the audit report because the assessee
failed to produce complete books of account. Proper verification was necessary
before determining income.
4. Estimated Profit on Cash Deposits
Estimating income at 8% of deposits without examining audited
accounts and books was not appropriate without verification.
Accordingly, the Tribunal restored the matter to the Assessing
Officer with directions:
- The
assessee shall produce complete books of account
- The
AO shall verify the audit report and claims
- Income
shall be determined afresh in accordance with law
Other grounds became academic due to the remand.
Important Clarification
- Filing
of audit report before completion of assessment amounts to substantial
compliance.
- The
requirement of filing audit report along with return is directory, not
mandatory.
- A
return filed beyond the time allowed in a Section 142(1) notice can be
treated as non-est.
- Best-judgment
assessment should not ignore available evidence without verification.
- Restoration
ensures fair assessment but does not validate the assessee’s claims.
Link to download the order - https://www.mytaxexpert.co.in/uploads/1771221486_PRADEEPKUMARKESHARWANIPRAYAGRAJVS.INCOMETAXOFFICER22PRAYAGRAJ.pdf
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