2010 (8) TMI 649 - HC - Income Tax

Scrutiny - the finding that the basis of rate of profit exists on record can only be said to be that related to the questions of fact and a matter of appreciation of evidence - A lump sum addition of an amount of Rs.50, 000/-in the previous year would have hardly provided a basis to estimate the profit rate for the year in question - Appeal is dismissed

Summary

Issues:
1. Best judgment assessment process.
2. Application of profit rate in assessment.
3. Reliance on CBDT guidelines.
4. Previous year's profit rate basis for current assessment.

Best Judgment Assessment Process:
The judgment involves an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal. The case pertains to a civil sub-contractor whose return was taken up for scrutiny assessment. The Assessing Officer rejected the books of account and estimated the net profit taxable at 8.17% based on the previous year's assessment. The Commissioner of Income Tax (Appeals) partly allowed the appeal, disagreeing with the reduction of sublet premium from gross contract receipts and directing the AO to accept the books' result. The Tribunal upheld the CIT (A)'s findings, stating that the AO's addition of Rs. 39,82,680 could not be sustained. The Tribunal found no substantial question of law and dismissed the appeal.

Application of Profit Rate in Assessment:
The appellant (Revenue) contested the CIT (A)'s direction to apply a 5.55% profit rate, arguing that CBDT guidelines only relate to case selection for scrutiny, not profit rate application. The Tribunal upheld the CIT (A)'s decision, stating that the profit rate calculation and reduction of sublet premium were justified. The AO's use of the previous year's 8.17% profit rate was challenged, with the court noting that the previous year's rate was based on a lump sum addition of Rs.50,000, lacking a proper basis for the current assessment.

Reliance on CBDT Guidelines:
The appellant argued that the CIT (A) wrongly relied on CBDT guidelines, contending they do not apply to profit rate assessment. However, the Tribunal upheld the CIT (A)'s decision, finding it well-reasoned and in line with judicial pronouncements and available assessment records. The Tribunal dismissed the appellant's contentions, stating they lacked merit.

Previous Year's Profit Rate Basis for Current Assessment:
The AO's use of the previous year's 8.17% profit rate was questioned by the appellant, who claimed it required no interference. The court observed that the previous year's rate was not based on substantial grounds but on a lump sum addition, rendering it insufficient to estimate the profit rate for the current year. With concurrent findings by the CIT (A) and the Tribunal, the court found no substantial question of law under Section 260-A of the Act, leading to the dismissal of the appeal.

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