2009 (11) TMI 53 - HC - Income Tax

Deduction - deduction of Rs.6,20,000/- on account of payments made to the subcontractors from the gross contract receipts Tribunal allowed the deduction ITAT found that Copy of agreement dated 10.12.1984 made it clear that the assessee did assign certain job to the subcontractors. We have already seen that the practice of subletting of contractor was common and the Tribunal has taken a consistent view that payments made to subcontractors may be allowed as a deduction held that - . In the present case, the Tribunal has referred to material justifying deduction. In view thereof, the Tribunal was right in permitting the deduction. Decided in favor of assessee

Summary

Issues:
Deduction of payments made to subcontractors from gross contract receipts.

Analysis:
The case involved a question of law referred by the Income-Tax Appellate Tribunal regarding the deduction of payments made to subcontractors from the gross contract receipts for the assessment year 1986-87. The assessee, engaged in construction work as a contractor, claimed deduction for payments made to subcontractors. However, the Assessing Officer disallowed the deduction due to lack of evidence to substantiate the payments, applying a net profit rate of 10% of the contract receipts. This decision was upheld by the CIT (A) but overturned by the Tribunal. The Tribunal found that the assessee had maintained accounts of the subcontractors, sought appointment of a commission to examine them, and provided affidavits and agreements to support the payments made to subcontractors.

The Tribunal observed that the practice of subcontracting was common and had previously allowed similar deductions in other cases. The Tribunal held that the assessee had provided sufficient evidence to establish the payments made to subcontractors, and therefore, directed the Assessing Officer to deduct the amount in question from the total contract receipts. The Tribunal's decision was based on the specific facts and evidence presented in the case, highlighting the importance of the circumstances of each case in determining the allowance of deductions.

Upon hearing arguments from both parties, the High Court upheld the Tribunal's decision, emphasizing that the question of whether a deduction should be allowed depends on the facts and circumstances of each case. In this instance, the Tribunal had justified the deduction based on the evidence provided by the assessee. Consequently, the reference was answered against the revenue and in favor of the assessee, leading to the disposal of the reference by the High Court.