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Issues involved: Appeal against assessment order u/s 144 for AY 2005-06, determination of net profit percentage, reliance on past history and comparable cases, opportunity to A.O. under Rule 46A, applicability of section 44AD, burden of proof on assessee.
Summary: The appeal before the Appellate Tribunal ITAT Chennai pertained to the assessment year 2005-06, where the assessee, engaged in civil construction, declared income based on a total turnover. The Assessing Officer (A.O.) completed the assessment u/s 144 of the Income-tax Act, 1961, applying a net profit rate on gross receipts. The CIT(Appeals) subsequently reduced the net profit rate, leading to the Revenue's appeal on various grounds. The Revenue contended that the assessment u/s 144 was justified due to the assessee's failure to produce necessary books of accounts and vouchers. It was argued that the CIT(Appeals) erred in reducing the net profit rate without proper evidence, especially considering significant cash expenses. Additionally, the Revenue raised concerns regarding the CIT(Appeals) relying on new evidence without providing an opportunity to the A.O. under Rule 46A. The Tribunal observed that the A.O.'s application of a 10% net profit rate lacked evidential basis and should have considered past history or comparable cases. Citing a relevant Special Bench decision, the Tribunal emphasized the importance of adopting a suitable net profit rate based on factual grounds. In this case, the A.O. made an ad hoc addition without proper reference, while the CIT(Appeals) adopted a 2.5% rate, which was upheld by the Tribunal due to the absence of an appeal from the assessee. Ultimately, the Tribunal dismissed the Revenue's appeal, affirming the CIT(Appeals) order. The decision was pronounced on 22nd December 2010.
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