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2015 (7) TMI 445 - AT - Income TaxAssessment of income of assessee at 2.24% of gross receipts - CIT(A) admitting additional evidences in the form of details of comparable cases without providing any opportunity of rebuttal to the A.O. under Rule 46A - Held that:- In the case of ITO vs Radha Ballabh Nest Build Pvt. Ltd.(2015 (6) TMI 790 - ITAT DELHI), the Tribunal, on identical set of facts and circumstances, has upheld the order of the CIT(A) and the addition made by the AO has been deleted by upholding the order of the CIT(A) which adopted rate of 2.24% of the gross receipts from M/s PACL India Ltd. for estimation of net profit in a peculiar situation when the conclusion of rejection of books of accounts by the AO has been upheld by the CIT(A). The Tribunal has also upheld the conclusion of the CIT(A) in this regard and we are unable to see any valid reason to take a different view on the similar issue. We also respectfully hold that the benefit of the ratio of the decisions relied by the revenue is not available for the revenue as the facts and circumstances of these cases are clearly distinguishable from the factual matrix of the present case. Therefore, we hold that the present case of the assessee is squarely covered in favour of the assessee by the order of the Tribunal in the case of Radha Ballabh Nest Build Pvt. Ltd. (supra). - Decided against revenue.
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