TMI Blog2016 (3) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... OTRA : ACCOUNTANT MEMBER AND Ms. SUCHITRA KAMBLE : JUDICIAL MEMBER For The Assessees : Shri Gautam Jain Adv. For The Revenue : Shri T.Vasanthan DR PER S.V. MEHROTRA, A.M: These appeals have been preferred by the assessees assailing the respective orders passed by the CIT(A) relating to AY 2007-08. Since Common issues are involved for adjudication, all these appeals were heard together and are being disposed of by this common order for the sake of convenience. As the facts are common in all the appeals, we are referring to the facts as obtaining in ITA no. 3914/Del/2014.Grounds raised are as under: That the learned Commissioner of Income Tax (Appeals) Rohtak has grossly erred both in law and on facts in upholding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) has erred both in law and on facts in upholding the order of assessment framed u/s 144 of the Act. 3. That the learned Commissioner of Income Tax (Appeals) has further erred both in law and on facts in upholding determination of income by the learned Assessing Officer at ₹ 85203/- by invoking section 44AD of the Act being 8% of the gross receipts declared by the appellant society. 4. That the learned Commissioner of Income Tax (Appeals) has erred both in law and on facts in sustaining an addition of ₹ 35203/- to the income returned by the appellant before claim of deduction u/s 80P of the Act. 5 That the learned Commissioner of Income Tax (Appeals) has erred both in law and on facts in not allowing deduction U/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ills and vouchers were not verifiable. The wages paid account constitutes the major account of expense in the P L account if the assessee. The assessee has failed to produce complete books of account along with bills vouchers, therefore, profit rate @ 8% u/s 44AD of the 11: Act, 1961 is applicable in the case of the assessee who is doing contract business. The profit rate @ 8% on gross receipt of ₹ 10,65,036/- works out to be ₹ 85,2021-. Keeping in view the facts as stated above, I have reason to believe that the income has escaped assessment to the tune of ₹ 23,68 1- i.e. (85203- 61522) by reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd documents. Books of account produced and test- checked on random basis. The case is discussed with him. In para No.2 of the assessment, the Assessing Officer has recorded further as It has maintained books of account and got audited from a chartered accountant. The assessee filed a copy of audit report which is placed on its record. On perusal of receipts, ledger account it is found that the assessee has adopted percentage of completion method. The assessee was asked to file details of all expenditure with justification vide this office notice under sec. 142( 1 ) dated 13.1.2009. The assessee furnished the requisite detail and justification vide its letter dated 10.2.2009, which was examined and verified ... I thus find that it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment proceedings the books of a/c along with the audit report were duly furnished and were accepted while passing order u/s 143(3). The assessee has not filed the assessment order passed u/s 143(3) in the present case. However, in cases of other three assessees the assessment order is on record from which it is evident that identical orders have been passed by AO in all the cases. The department has not controverted the submissions advanced by ld. counsel for the assessee on factual aspect. Further, the cases decided by Tribunal are also on the identical facts and, therefore, the decision in the two appeals decided by Tribunal is squarely applicable to the facts of the present case. The observation of Tribunal have been reproduced earli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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