1970 (11) TMI 9 - HC - Income Tax

Assessee, a contractor used to undertake the construction of building works - includibility f cost of materials received by him in applying the flat rate

Summary

Issues: Assessment based on net profits, addition of cost of materials supplied, validity of notice under section 34, application of flat rate to receipts.

Assessment based on net profits: The judgment pertains to the assessment of the assessee, a contractor undertaking construction works for the M.E.S. Department. The Income-tax Officer made assessments for various years based on net profits determined at different percentages of amounts received by the assessee. Subsequently, it was discovered that the cost of materials supplied by the military authorities for the construction works had not been disclosed. This led to reassessment orders being issued under section 34 of the Income-tax Act, adding the costs of materials to the income. The Appellate Assistant Commissioner and the Income-tax Appellate Tribunal upheld the reassessment but varied the percentages used to determine net income. The High Court affirmed the Tribunal's decision, emphasizing that the Income-tax Officer calculated income based on the total contract value, not deducting the cost of materials supplied.

Validity of notice under section 34: The High Court addressed the issue of whether the assessee had waived objections to the validity of the notice issued under section 34(1) of the Act. The Court disagreed with the Tribunal's finding that the assessee had waived objections and held that the case fell under section 34(1) of the Act. The Court's analysis focused on the procedural aspects of the notice and the legal implications of the assessee's response to it.

Addition of cost of materials supplied: The Court considered whether the price of materials supplied by the military authorities should be included before applying a flat rate to the assessee's receipts. The assessee argued that as the materials were the property of the M.E.S. Department and were used solely for construction works, no profits were derived from them. However, the Court rejected this argument, emphasizing that the Income-tax Officer determined income based on the total contract value, not considering individual material costs. The Court found no fault with the Tribunal's decision to apply a uniform flat rate to the entire contract amount.

Application of flat rate to receipts: The final issue involved whether the Tribunal was justified in applying the same flat rate to the price of the materials supplied by the department as was applied to other receipts of the assessee. The Court affirmed the Tribunal's decision, stating that the percentage of profit was determined based on the total contract value and not on individual material costs. The Court ruled in favor of the revenue on this issue, along with the validity of the notice and the inclusion of material costs in the assessment.