2011 (2) TMI 1523 - AT - Income Tax

Summary

Issues involved: Appeal against CIT(A) order deleting addition of cash credit u/s 68, determination of income from contract business, and working out the assessee's income.

Issue 1 - Cash credit u/s 68:
The Revenue appealed against CIT(A) order deleting Rs. 3,80,696 addition on account of cash credit u/s 68, arguing that the investment was made during the financial year, not before commencement of business. The Ld. Counsel for the assessee cited a previous ITAT decision in favor of the assessee for a different assessment year. After hearing both parties, it was held that the addition was invested by the members of AOP, supported by their statements and evidence of sufficient sources of investment. The Ld. First Appellate Authority's decision to delete the addition was upheld, and the appeal was dismissed.

Issue 2 - Income from contract business:
The Revenue challenged the determination of income from contract business by CIT(A), contending that the income was underestimated. However, the issue was dismissed as it was already decided in favor of the assessee by a previous ITAT decision for a different assessment year.

Issue 3 - Working out assessee's income:
The Revenue raised concerns about the calculation of the assessee's income, arguing that it was significantly lower than the contractual receipts shown. This issue was also dismissed based on the previous ITAT decision in the assessee's favor for a different assessment year.

The ITAT Agra Bench, comprising P. K. Bansal (Accountant Member) and H. S. Sidhu (Judicial Member), dismissed the Revenue's appeal, upholding the CIT(A) order regarding the cash credit u/s 68 and the determination of income from contract business. The decision was based on the members of AOP investing the amount in question and providing evidence of the sources of their investment. The appeal was pronounced dismissed on 04.02.2011.