2014 (3) TMI 1068 - HC - Income Tax

NP determination - Held that - ITAT was correct in law in confirming the order of the learned CIT(A) scaling down the net profit to 8% on the gross receipts as against 12% applied by the AO at the time of assessment.

Summary

Issues:
1. Whether the ITAT was correct in confirming the order of the CIT(A) scaling down the net profit to 8% on the gross receipts as against 12% applied by the AO at the time of assessment?
2. Whether the ITAT was correct in law in confirming the order of the CIT(A) allowing the depreciation out of the net profit?

Issue 1:
The appeal involved a dispute under the Income Tax Act, 191 against the order of the Income Tax Appellate Tribunal (ITAT) regarding the net profit percentage applied on gross receipts. The contractor firm's income was initially determined at a 12% rate on gross receipts during assessment. However, the CIT(A) directed to apply an 8% net profit rate instead, reducing the income by a significant amount. The Tribunal upheld this decision, leading to the revenue's appeal. The High Court noted that profit rates can vary among contractors based on various factors like location and resources available. Considering the specific circumstances of the case where the contractor was operating in a remote border area, the Court found no reason to interfere with the decision to scale down the net profit rate to 8%. The first issue was dismissed.

Issue 2:
The second issue revolved around allowing depreciation from the net profit rate. The revenue contended that the CIT(A) and the Tribunal erred in permitting depreciation to be deducted from the 8% net profit rate. The Court referred to precedents where deductions like freight charges and interest payments were not allowed from the net profit rate. However, in this case, the Court distinguished the situation, emphasizing that the issue of depreciation had a different context. Referring to relevant circulars and judgments, the Court concluded that no substantial question of law arose in this appeal. Consequently, the appeal was dismissed, affirming the decision to allow depreciation out of the net profit rate.

In summary, the High Court upheld the Tribunal's decision to reduce the net profit rate to 8% and allow depreciation from the net profit for the contractor firm, dismissing the revenue's appeal as no substantial question of law was found to arise.