2008 (11) TMI 356 - HC - Income Tax

Assessment- The assessee is a contractor engaged in the work of civil construction and filed its return for the assessment year in question. The Assessing Officer made addition to the returned income mainly on account of claim for wages being found to be not verifiable. On appeal of the assessee the Commissioner of Income-tax (Appeals) made further additions. The Tribunal directed determination of the net profit by applying a net profit rate of 12 percent. on contract receipt excluding the cost of material supplied by the department. Held that- the Tribunal proceeded on the basis that there may be unverifiable wages which may call for addition to income but not to the extent assessed by the Commissioner (Appeals). Applying the net profit rate on the basis of best judgment assessment in a given situation would be question of fact unless such an assessment was shown to be arbitrary or perverse. Assessment of 12 percent. of net profit rate of contrat receipt was not shown to be arbitrary and perverse.

Issues:
1. Appeal under section 260A of Income-tax Act, 1961 against order of Income-tax Appellate Tribunal for assessment year 2001-02.
2. Addition to returned income by Assessing Officer on account of unverifiable wages.
3. Commissioner of Income-tax (Appeals) making further additions.
4. Tribunal applying a net profit rate of 12% on contract receipts.
5. Whether the net profit rate assessment is arbitrary or perverse.

Analysis:

1. The appeal was filed by the Revenue against the order of the Income-tax Appellate Tribunal for the assessment year 2001-02. The substantial question of law raised was regarding the determination of net profit by applying a 12% rate on contract receipts, excluding the cost of material supplied by the Department. The Tribunal had considered the issue of unverifiable wages and decided to apply a reasonable rate of profit, citing a previous judgment in a similar case.

2. The assessee, a contractor in civil construction, had initially filed its return for the assessment year, which led to the Assessing Officer making additions to the income due to unverifiable wages. Subsequently, the Commissioner of Income-tax (Appeals) made further additions. The Tribunal, in its assessment, considered the addition on account of unverifiable wages and decided to apply a 12% net profit rate on contract receipts, excluding material costs.

3. The High Court, after hearing arguments from both parties and examining the record, noted that the Tribunal's decision to apply a net profit rate of 12% was based on a best judgment assessment. The court emphasized that unless such an assessment is proven to be arbitrary or perverse, it should be considered a question of fact. In this case, the court found that the assessment of 12% net profit rate was not arbitrary or perverse, and thus, no substantial question of law arose for consideration.

4. Ultimately, the High Court dismissed the appeal, concluding that there was no substantial question of law to be addressed. The decision to apply a 12% net profit rate on contract receipts was upheld as not being arbitrary or perverse, thereby affirming the Tribunal's judgment.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented, and the court's decision regarding the application of a net profit rate in the assessment of the contractor's income.

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