2011 (4) TMI 653

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.....   Mr. M.R. Sharma, Advocate for the respondent.   AJAY KUMAR MITTAL, J.   1. This order shall dispose of ITA Nos. 400 and 555 of 2009 as learned counsel for the parties are agreed that they raise identical issues. For brevity, the facts are being taken from ITA No. 400 of 2009.   2. This appeal has been filed by the revenue under Section 260A of the Income Tax Act, 1961 (in .....

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..... from the date of service but as the assessee failed to do so, notice under Section 142(1) of the Act was issued on 22.10.2003. The assessment was completed by applying the provisions of Section 44AD of the Act in the case of a Civil Contractor computing the profit at the rate of 8% of the total receipt for the work done by the assessee at Rs.4,56,880/-. Feeling aggrieved by the assessment framed, .....

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..... he material available on the file. Brief facts are that the assessee company was engaged in the contract work of Govt. of Haryana. The assessment was completed under Section 144 on 03.03.2003 and the order was duly served upon the assessee. The Assessing Officer rejected the accounts of the assessee and determined the profit from the contract work @ 10% of the gross work done by it. The assessment .....

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..... ,98,380/-. The total work done by the assessee was to the tune of Rs.58,95,571/- on which the assessee has claimed expenses on account of payment made to sub-contractors for execution of work. In the present assessment year, the ld counsel for the assessee contended that the net profit was declared at 3.07%, therefore, the ratio of the aforesaid decision, in our opinion, will not be applicable as .....

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..... s. 117 & 118/Chd/2009 in ITA Nos. 433 and 434/Chd/2008 bringing the fact to the notice of the Tribunal that the departmental representative had never agreed for the concession as recorded by the Tribunal in its order dated 27.11.2008. The Tribunal rejected the said application by observing that the case was decided on merits and not on the basis of concession of the departmental representative. Ho .....

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