2013 (4) TMI 882 - AT - Income Tax

Summary

Issues Involved:
1. Rejection of Books of Account u/s 145(3)
2. Estimation of Net Profit Rate
3. Charging of Interest u/s 234C and 234D
4. Initiation of Penalty Proceedings u/s 271(1)(c)

Summary:

1. Rejection of Books of Account u/s 145(3):
The Assessing Officer (AO) found various discrepancies in the books of account maintained by the assessee, including the non-maintenance of a stock register, unverified valuation of closing stock, and improper documentation of material purchases and labor expenses. Consequently, the AO invoked the provisions of section 145(3) of the Act, rejecting the books of account and estimating the net profit at 8% on own work and 6% on work done by sub-contractors.

2. Estimation of Net Profit Rate:
The CIT(A) confirmed the rejection of books of account but estimated the net profit at 5.75%, considering various factors such as the substantial decline in expenditure, the proportion of sub-contract work, and the overall increase in turnover. The Tribunal, referencing its decision in the immediately preceding year (2007-08), modified the net profit rate to 6.25%, acknowledging the increase in turnover and the quantum of work undertaken by the assessee as both main contractor and sub-contractor.

3. Charging of Interest u/s 234C and 234D:
The assessee contested the charging of interest u/s 234C and 234D, but the judgment does not provide specific details on the resolution of this issue.

4. Initiation of Penalty Proceedings u/s 271(1)(c):
The assessee also challenged the initiation of penalty proceedings u/s 271(1)(c), but the judgment does not elaborate on the outcome of this contention.

Conclusion:
The Tribunal upheld the rejection of the books of account and modified the net profit rate to 6.25%, directing the AO to compute the profit accordingly. The appeal of the assessee was dismissed, and the appeal of the Revenue was partly allowed.