2011 (10) TMI 664 - AT - Income Tax

Summary

Issues involved: Appeal against CIT (A) order, rejection of books of account, application of sec. 145 of IT Act, estimation of income, departmental recoveries, sub-contracted works, interest under sec. 234B of IT Act.

Appeal against CIT (A) order: The appeal filed by the assessee was directed against the order of the CIT (A), Hyderabad dated 10-11-2011.

Rejection of books of account and sec. 145 of IT Act: The CIT (A) erred in confirming the action of the assessing officer in rejecting the books of account and in applying the provisions of sec. 145 of the IT Act.

Estimation of income: The CIT (A) erred in confirming the action of the assessing officer in estimating the income at 10% of the gross contract receipts. The Tribunal directed the assessing officer to estimate the income of the assessee at 8% on main contract receipts and at 5% of the sub-contract receipts, following a previous order. The assessing officer was also directed to reduce departmental recoveries from the gross receipts for arriving at the estimated profit.

Departmental recoveries and sub-contracted works: The CIT (A) erred in not considering departmental recoveries and sub-contracted works. The assessing officer was directed to reduce departmental recoveries from gross receipts and exclude sub-contracted works from gross receipts for calculating profit.

Interest under sec. 234B of IT Act: The CIT (A) erred in confirming the levy of interest under section 234B of the IT Act.

Conclusion: The Tribunal allowed the appeal of the assessee in part, directing the assessing officer to estimate income based on specific percentages and considerations.