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2010 (8) TMI 255 - ALLAHABAD HIGH COURTPartnership firm / Association of persons (AOP) - Status u/s 184(5) - The assessee is a civil contractor and claimed the status as a partnership firm. During the course of assessment proceeding the assessee has not complied with the requirement of the notice and has not produced the books of account and, therefore, the assessment has been completed under Section 144 of the Income Tax Act. The assessing authority has taken the status of the appellant as an association of person (AOP) and applied net profit rate at 10% on the gross receipt - Held that: - In our considered view, since the assessment order was passed under Section 144 of the Act, the assessing authority has rightly adopted the status of AOP in view of Section 184 (5) of the Act as it existed at the relevant time.
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