2002 (11) TMI 739 - AT - Income Tax

Summary

Issues:
1. Invocation of provisions of section 145
2. Addition of Rs. 1,62,464 based on net profit rate
3. Net profit rate on hire charges
4. Charging of interest under sections 234B and 234C

Analysis:

1. Invocation of provisions of section 145:
The appellant contested against the CIT(A)'s order invoking section 145 for the assessment year 1991-92. The appellant's representative did not pursue this ground during the argument, leading to its dismissal as not pressed.

2. Addition of Rs. 1,62,464 based on net profit rate:
The appellant, a contractor deriving income from installing hand pumps, disputed the addition of Rs. 1,62,464 made by applying an 8% net profit rate. The Assessing Officer rejected the appellant's lower net profit rate of 1.76% and estimated it at 8%. However, the ITAT found the estimation too high based on historical data and set the net profit rate at 3.42%, providing partial relief to the appellant.

3. Net profit rate on hire charges:
Regarding another unit dealing in hire charges, the appellant failed to maintain details, resulting in the Assessing Officer estimating the net profit rate at 8%, adding Rs. 24,400. The ITAT justified the invocation of section 145 but deemed the estimation excessive. The CIT(A) had already reduced the addition to Rs. 10,000, and the ITAT further decreased it to Rs. 8,000, granting partial relief to the appellant.

4. Charging of interest under sections 234B and 234C:
The appellant challenged the charging of interest under sections 234B and 234C. Citing relevant case law, the ITAT directed the Assessing Officer to delete the levy of interest as specific provisions were not applied for charging interest, aligning with the decision in previous court cases.

In conclusion, the ITAT partially allowed the appeal, providing relief to the appellant on the issues of net profit rate estimation and interest charges, based on detailed analysis and legal precedents.