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2019 (2) TMI 1689 - AT - Income TaxNP determination - rejection of books of accounts - HELD THAT - It is an admitted fact that the assessee is engaged in the business of civil construction and despite opportunities granted by the Assessing Officer during the course of assessment proceedings, the assessee did not produce the requisite details as called for by the Assessing Officer. Therefore, rejection of book results and thereby estimation of profit is fully justified. Adoption of net profit rate - a perusal of the comparative chart of gross profit and net profit filed by the assessee reveals that the net profit varies from 5.31% to 5.87% from assessment year 2010-11 to 2015-16. Therefore, considering the totality of the facts of the case and in the interest of justice, we are of the considered opinion that adoption of net profit rate of 6% on the contract receipt for the impugned assessment year will meet the ends of justice. Grounds raised by the assessee are accordingly partly allowed.
Issues:
Determination of profit at 8% of the contract receipt. Analysis: The appeal was against the CIT(A)'s order confirming the addition of ?32,32,491 as profit by estimating it at 8% of the contract receipt. The Assessing Officer rejected the books results due to incomplete details provided by the assessee and estimated the profit at 8% of the contract receipt. The CIT(A) upheld this action, stating the profit estimation was reasonable as the assessee failed to produce necessary details despite opportunities. The Tribunal considered the comparative chart of gross and net profit for various assessment years and noted a net profit rate varying from 5.31% to 5.87%. After considering the facts, the Tribunal held that a net profit rate of 6% on the contract receipt for the relevant assessment year would be just. Consequently, the appeal was partly allowed. This case involved the issue of determining the profit percentage on the contract receipt, with the assessee challenging the addition of ?32,32,491 by the CIT(A) at 8%. The Tribunal, after reviewing the facts and submissions, found that the assessee failed to provide complete details despite opportunities, leading to the rejection of book results by the Assessing Officer. The Tribunal considered the historical net profit rates provided by the assessee for other assessment years and decided that a net profit rate of 6% for the relevant assessment year would be fair and just. As a result, the appeal was partly allowed by the Tribunal. The primary issue in this case was the determination of profit at 8% of the contract receipt, contested by the assessee. The Tribunal noted the failure of the assessee to produce necessary details during assessment proceedings, leading to the rejection of book results by the Assessing Officer. The Tribunal considered the historical net profit rates provided by the assessee for different assessment years and decided that a net profit rate of 6% for the relevant assessment year would be appropriate. Consequently, the Tribunal partly allowed the appeal filed by the assessee against the CIT(A)'s order confirming the addition of ?32,32,491 as profit estimated at 8% of the contract receipt.
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