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2012 (11) TMI 338 - AT - Income TaxDetermination of Net Profit rate Applicability of sec 44AD - Held that - Following the decision of the Special Bench of the Tribunal in the case of M/s Arihant Builders (P) Limited Vs. ACIT 2012 (10) TMI 702 - ITAT AMRITSAR Estimation of income at 8% of the turnover is reasonable because the Tribunal estimated the income ranging from 8% to 12.5 % depending upon the facts of the situation. Therefore, the order of the CIT(A) is hereby upheld and the income shall be estimated at 8% of the gross contract receipts - Accordingly, this ground of appeal of the assessee is dismissed. Miscellaneous Income vs Income from other Sources Income received from sale of scrap and other building materials - Held that - Order of the CIT(A) in holding that there is no such receipts having nexus with the contract receipts received by the assessee from execution of civil construction works. Hence, the addition made by the AO and sustained by the CIT(A) of Rs. 9,10,587/- under income from other sources is confirmed - Thus, this ground of appeal is dismissed. Disallowance u/s 40(a)(ia) Held that - Disallowance of Rs. 1,00,200/- made by the AO and sustained by the CIT(A) is confirmed as due default on the part of the assessee under the TDS provisions, the mandatory provisions of section 40(a)(ia) of the Act are applicable and such disallowance is to be made separately even while estimating the profit on the contract receipts - this ground of appeal of the assessee is dismissed - In the result, appeal of the assessee is dismissed.
Issues:
Estimation of net profit on total turnover, Addition of sale proceeds of scrap material, Disallowance under section 40(a)(ia). Estimation of net profit on total turnover: The appellant contested the estimation of net profit at 8% on the total turnover of Rs. 18.05 crores, arguing that such estimation was unjustified as it exceeded the turnover limit specified under section 44AD. The CIT(A) upheld the AO's estimation, citing the applicability of section 44AD even when gross contract receipts exceed Rs. 40 lakhs. The CIT(A) referred to a decision by the ITAT Hyderabad and held that the estimation of profit at 8% on gross contract receipts was justified. The ITAT concurred with the CIT(A) and upheld the estimation at 8% based on similar precedents, dismissing the appellant's appeal. Addition of sale proceeds of scrap material: The AO added Rs. 9,10,587 as sale proceeds of scrap material to the appellant's income, separate from the contract receipts, treating it as income from other sources. The CIT(A) upheld this addition, stating that the miscellaneous income from the sale of scrap had no connection with the contract receipts. The ITAT affirmed the CIT(A)'s decision, emphasizing that the miscellaneous income should be categorized as income from other sources, not business income, as it was unrelated to the civil construction works. Consequently, the addition of Rs. 9,10,587 under 'income from other sources' was confirmed, and the appellant's appeal on this ground was dismissed. Disallowance under section 40(a)(ia): Regarding the disallowance of Rs. 1,00,200 under section 40(a)(ia), the AO and CIT(A) confirmed the disallowance, noting that the appellant had already made this disallowance in the computation of income. The ITAT upheld this decision, stating that due to the assessee's default under TDS provisions, the mandatory provisions of section 40(a)(ia) applied, warranting the disallowance. As a result, the disallowance under section 40(a)(ia) was upheld, and the appellant's appeal on this ground was dismissed. General Grounds: The ITAT did not adjudicate on the general grounds raised in Ground Nos. 9, 10, and 11, deeming them to be of a general nature. Consequently, those grounds were not addressed in the judgment. Ultimately, the appeal of the assessee was dismissed by the ITAT in its entirety.
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