2010 (8) TMI 1063 - HC - Income Tax

Summary

Issues involved: Appeal u/s 260A of the Income Tax Act, 1961 against Tribunal's order allowing interest deduction when net profit rate was applied.

Adjudication of the appeal: The appellant, a revenue authority, challenged the Tribunal's decision allowing interest deduction to the assessee when a net profit rate was applied by the Assessing Officer. The Assessing Officer had applied a net profit rate of 10% on the receipts due to lack of proper records maintained by the assessee. The CIT (A) allowed the appeal, but the Tribunal upheld this decision. The key question was whether an assessee is entitled to deduction on account of interest when a net profit rate is applied.

Court's Decision: The High Court referred to a previous case where no separate deduction was allowed for interest when a net profit rate was applied. Consequently, the Tribunal erred in allowing the interest deduction to the assessee. The appeal was allowed in favor of the revenue authority, ruling against the assessee.