M/s J.s. construction , HZB V. ITO WARD-1(2), Hazaribagh

ITA 227/RAN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0438 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 07-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K MOHANTY

Judgement Text

P A G E 1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI SMC BENCH, RANCHI BEFORE SHRI N.S SAINI, ACCOUNTANT MEMBER ITA NO. 227 / RAN /201 7 ASSESSMENT YEAR : 2012 - 13 M/S. J.S.CONSTRUCTION, C/O. SUSHIL KUMAR, AT:CHEDRA, BISHNUGARH, HAZARIBAG VS. ITO, WARD 1(2), HAZARIBAG PAN/GIR NOAKXPS 8880 M (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI RAJESH KUMAR, ADV REVENUE BY : SHRI A.K.MOHANTY, JCIT DATE OF HEARING : 26 / 11 / 2018 DATE OF PRONOUNCEMENT : 27 / 11 / 2018 O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A), HAZ ARIBAG , D ATED 28.6. 2017 FOR THE ASSESSMENT YEAR 2012 - 13. 2. THE ONLY GRIEVANCE OF THE ASSESSEE IN THIS APPEAL IS THAT THE CIT(A) WAS NOT WAS NOT JUSTIFIED IN DIRECTING THE ASSESSING OFFICER TO ESTIMATE THE INCOME OF THE ASSESSE BY APPLYING RATE OF 8% ON GROSS RECEIPTS IN PLACE OF 9% MADE BY THE ASSESSING OFFICER. 3. THE FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER OBSERVED THAT THE MUSTER ROLL OF LABOUR CHARGES FOR PAYMENT OF ITA NO.227 /RAN/2017 ASSESSMENT YEAR : 20 12 - 13 : P A G E 2 | 3 RS.71,49,368/ - AND SUPPORTING MATERIALS FOR PURCHASE OF RS.1,33,56,830/ - WERE NOT PROD UCED BEFORE HIM. FURTHER, DETAILS OF CREDIT BALANCE OF RS.2,76,394/ - AS ON 31.3.2012 AGAINST LABOUR CHARGES WAS ALSO NO T PROVED. THEREFORE, HE ESTIMATED THE INCOME OF THE ASSESSE BY APPLYING THE RATE OF 9% OF THE CIVIL CONTRACT RECEIPTS AND ARRIVED AT THE INCOME OF RS.20,90,519/ - . 4. ON APPEAL, THE CIT(A) REDUCED THE SAME TO 8% OF THE GROSS CIVIL CONTRACT RECEIPTS OF RS.2 ,32,27,986/ - THEREBY ALLOWING RELIEF OF RS.2,32,280/ - TO THE ASSESSE. 5. BEFORE ME, LD A.R. OF THE ASSESSE SUBMITTED THAT ESTIMATION MADE AT 8% OF THE GROSS CONTRACT RECEIPTS IS ON HIGHER SIDE AND SAME SHOULD BE ESTIMATED BY APPLYING RATE OF 1.97% AS SHOWN BY THE ASSESSE. 6. LD D.R. ON THE OTHER HAND SUPPORTED THE ORDER OF THE CIT(A). 7. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERUSING THE MATERIALS ON RECORD, I FIND THAT REJECTION OF BOOKS OF ACCOUNT BY THE ASSESSING OFFICER IS NOT IN DISPUTE BEFORE ME . THE ONLY SUBMISSION OF LD A.R. IS THAT ESTIMATION OF INCOME BY APPLYING RATE OF 8% TO THE GROSS CONTRACT RECEIPTS IS ON HIGHER SIDE AND SAME SHOULD BE REDUCED. LD A.R. OF THE ASSESSE SUBMITTED THAT THE INCOME SHOULD BE ESTIMATED @ 1.97%. I FIND THAT L D A.R. HAS NOT BROUGHT ANY ITA NO.227 /RAN/2017 ASSESSMENT YEAR : 20 12 - 13 : P A G E 3 | 3 MATERIAL ON RECORD TO SHOW THAT THE INCOME COMPUTED BY THE CIT(A) AT 8% OF THE GROSS CONTRACT RECEIPTS IS EXCESSIVE. THEREFORE, I FIND NO GOOD REASON TO INTERFERE WITH THE ORDER OF THE CIT(A), WHICH IS HEREBY CONFIRMED AND GROUN D OF APPEAL OF THE ASSESSE IS REJECTED. 8. IN THE RESULT, A PPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON 27 / 11 /2018. SD/ - ( N.S SAINI) A CCOUNTANT MEMBER RANCHI ; DATED 27 / 11 /2018 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER SR. PVT.S ECRETARY, ITAT, RANCHI ON TOUR 1. THE APPELLANT : M/S. J.S.CONSTRUCTION, C/O. SUSHIL KUMAR, AT:CHEDRA, BISHNUGARH, HAZARIBAG 2. THE RESPONDENT:ITO, WARD 1(2), HAZARIBAG 3. THE CIT(A) - HAZARIBAG 4. PR.CIT - HAZARIBAG 5. DR, ITAT, RANCHI 6. GUARD FILE. //TRUE COPY//