2010 (10) TMI 1062 - AT - Income Tax

Summary

Issues Involved: Appeal filed by Revenue challenging deletion of gross profit addition and disallowance of plumbing service expenses.

Gross Profit Addition Issue:
The Revenue contended that the CIT(A) erred in law and on facts in deleting the gross profit addition made. The AO calculated an addition based on a higher GP rate compared to what the assessee firm had shown. The CIT(A) deleted the addition stating that the AO did not invoke section 145(3) or reject the books of account. The Tribunal upheld the CIT(A)'s decision, emphasizing that the AO cannot estimate profits without rejecting the books of accounts, as supported by various court decisions. Since the AO did not provide any grounds for rejecting the books u/s 145(3), the Tribunal upheld the CIT(A)'s decision to delete the addition.

Plumbing Service Expenses Issue:
Regarding the disallowance of plumbing service expenses, it was argued that if the books of accounts are not rejected, then any disallowance cannot be made. The Tribunal upheld the argument that the plumbing services were provided during the warranty period as part of a contractual obligation, and thus, the expenses were justified. Consequently, the Tribunal dismissed the Revenue's appeal on this ground as well.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decision to delete the gross profit addition and disallowance of plumbing service expenses.