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2013 (4) TMI 833 - AT - Income TaxApplication of 8% net profit on the gross receipt - CIT(A) holding the net profit at the rate of 8% be applied on the receipt after the deduction of trade tax and royalty etc. - Held that - On interest on FDRs the ld. CIT(A) specifically noted the addition is made by the Assessing Officer on this head without giving any opportunity of hearing to the assessee. Therefore on this reason itself the order of the Assessing Officer is liable to be set aside. Further the ld. CIT(A) found that FDRS are purchased for security purpose for obtaining the contracts which is connected with the business activities of the assessee. Therefore set off was allowed out of interest. Since it was a negative figure of interest therefore it was considered not to be added to the income of the assessee. On considering of the above facts particularly when no opportunity has been given by the Assessing Officer before making this addition the ld. CIT(A) was justified in deleting the addition on account of interest. The ld. CIT(A) has passed the speaking order on both the grounds. Therefore there is no violation of law. Accordingly the appeal of the Revenue has no merit and is dismissed.
Issues Involved:
1. Application of net profit rate on gross receipts 2. Allowance of deduction of interest 3. Deletion of addition on interest income 4. Allowance of relief to the assessee 5. Deletion of additions and allowance of the assessee's appeal Analysis: 1. The appeal by the Revenue challenged the application of the net profit rate at 8% on the receipt after deduction of trade tax and royalty, ignoring the fact that the assessee had agreed to the application of net profit at 8% on gross receipt without any deduction. The Assessing Officer rejected the book results under section 145(3) and applied a profit rate of 8%. The ld. CIT(A) confirmed the rejection of books of account but directed the deduction of items with no profit elements before applying the net profit rate. The profit rate of 8% was deemed reasonable, and further deductions were allowed, leading to the computation of taxable income at a higher amount than the returned income. 2. The issue of deduction of interest was raised, with the Revenue contesting the allowance of deduction by the ld. CIT(A). The Assessing Officer had made an addition on account of interest income not shown by the assessee, leading to a challenge before the ld. CIT(A). The addition was made without giving the assessee an opportunity to explain, which the ld. CIT(A) found to be against the principles of natural justice. The ld. CIT(A) accepted the assessee's explanation that the interest income was part of the business due to FDRs being purchased for security purposes, and the interest received was adjustable against interest paid on borrowings. Consequently, the addition on interest income was deleted. 3. The deletion of the addition on interest income was based on the principle of natural justice and the connection of FDRs to business activities. The ld. CIT(A) found that the Assessing Officer had not provided an opportunity for the assessee to be heard before making the addition. The FDRs were linked to security for obtaining contracts, and the interest on them was offset against interest paid on borrowings, resulting in a negative figure of interest. Therefore, the ld. CIT(A) deemed the addition unjustified and deleted it, leading to the partial allowance of the assessee's appeal. 4. The overall judgment emphasized the importance of providing opportunities for the assessee to be heard and considered the connection of various financial elements to the business activities of the assessee. The decision highlighted the need for proper deductions and explanations in assessing taxable income. The order of the ld. CIT(A) was upheld, dismissing the appeal of the Revenue due to lack of merit and compliance with legal standards. Conclusion: The judgment addressed multiple issues related to the application of net profit rates, allowance of deductions, and deletion of additions, emphasizing the importance of procedural fairness and business-related justifications in determining taxable income. The decision upheld the order of the ld. CIT(A) and dismissed the departmental appeal.
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