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2011 (4) TMI 653 - HC - Income TaxScaling down of net profit rate to 5% against 8% - Civil Contractor - the claim of the assessee is that the accounts of the assessee are audited one and the assessment has been framed without rejecting the books of account and by taking the profit @ 8% against the returned income of Rs.1,98,380 - a copy of the order of the Tribunal dated 11.2.2011 has been produced wherein the department had filed MA Nos. 117 & 118/Chd/2009 in ITA Nos. 433 and 434/Chd/2008 bringing the fact to the notice of the Tribunal that the departmental representative had never agreed for the concession as recorded by the Tribunal in its order dated 27.11.2008 - The matter is remitted to the Tribunal to decide the same afresh on merits, in accordance with law
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