Sh. Raj Kumar, Ghaziabad V. ITO, Ghaziabad

ITA 4493/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97630 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 10-08-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 14-08-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 2 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 4493 /DEL/201 4 AY: 20 0 8 - 09 SH. RAJ KUMAR VS. ITO, WARD 2(2) S/O SHRI PRABHU DASS GHAZIABAD LGF 31, DEVIKA CHAMBER RDC, RAJ NAGAR GHAZIABAD PAN: AMQPK 4843 Q (APPELLANT) (RESPONDENT) APPELLANT BY : SH. ANOOP SHARMA, ADV. RESPONDENT BY : S MT. RAKHI VIMAL, JCIT ORDER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DT. 31.3.2014 OF LD.CIT(A) , MUZAFFARNAGAR FOR ASSESSMENT YEAR 20 0 8 - 09 . 2. THE FACTS IN BRIEF ARE THAT T HE ASSESSEE IS A CIVIL CONTRACTOR. THE A.O. DISALLOWED 20% OF THE PU RCHASES AS THE ASSESSEE COULD NOT PRODUCE BOOKS OF ACCOUNTS AND EVIDENCES. FURTHER 20% OF THE SUNDRY CREDITORS AMOUNTING TO RS.99,700/ - WERE ADDED TO THE INCOME. ON APPEAL THE FIRST APPELLATE AUTHORITY CONFIRMED THE SAME. 3. ON CONSIDERATION OF RIVAL SUBMISSIONS, I AM OF THE CONSIDERED OPINION THAT THE ENDS OF JUSTICE WOULD BE MET IF THE INCOME OF THE ASSESSEE IS DETERMINED AT 8% OF GROSS RECEIPTS BY APPLYING PRESUMPTIVE TAX RATE PRESCRIBED U/S 44AB OF THE ACT. IN THE RESULT THE APPEAL OF THE ASSESS EE IS ALLOWED IN PART. THE A.O. IS DIRECTED TO ASSESS THE INCOME OF THE ASSESSEE AT 8% OF HIS GROSS RECEIPTS AS PRESCRIBED U/S 44 AB OF THE ACT. 2 4. IN THE RESULT, THE APPEAL BY THE ASSESSEE STANDS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 4 T H OCTOBER ,2015. S D / - (J.SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 1 4 T H OCTOBER , 2015 *MANGA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR