2013 (6) TMI 922 - AT - Income Tax

Summary

Issues involved: Assessment of expenses, disallowances, estimation of income, appeal against CIT(A) order.

Assessment of expenses: The AO disallowed portions of material purchase, labour charges, and diesel expenses due to lack of supporting documentation and suspicion of inflation. Suppliers did not respond to summons, bills were not furnished, and expenses were estimated leading to additions to total income.

Disallowances: The AO disallowed 20% of material purchase expenses and 10% each of labour charges and diesel expenses. Additionally, labour charges shown in the balance sheet were deemed bogus and added to the total income.

Estimation of income: The CIT(A) considered the nature of contracts, places of work, and past orders. Despite lack of cooperation from the assessee, an estimate of 9% net profit of contract receipts was directed, partially allowing the appeal.

Appeal against CIT(A) order: The revenue appealed the CIT(A) decision before the Tribunal, arguing against the estimation of income without rejecting the books of account. The Tribunal upheld the CIT(A) decision, justifying the 9% net profit estimate and dismissing the revenue's appeal.

This judgment by the Appellate Tribunal ITAT Bangalore involved the assessment of expenses, disallowances, and the estimation of income in an appeal against the CIT(A) order. The AO disallowed portions of expenses due to lack of documentation and suspicion of inflation, leading to additions to total income. The CIT(A) partially allowed the appeal, directing an estimate of 9% net profit of contract receipts. The Tribunal upheld this decision, dismissing the revenue's appeal.