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TMI Blog2009 (9) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... pply. books of account are not maintained. The Commissioner of Income-tax (Appeals) also proceeded on that assumption. There is no discussion or finding that the order of the Commissioner of Income-tax (Appeals) was erroneous. Revenue is unable to rebut the submission that there is no discussion or finding in the order of the Tribunal that the order of the Commissioner of Income-tax (Appeals) was erroneous and reasons for such a finding. order of the Tribunal set aside and remand the case to the Tribunal, appeal is disposed of accordingly. - ITA NO 636/09 (O&M) - - - Dated:- 18-9-2009 - ADARSH KUMAR GOEL, DAYA CHAUDHARY MRS., JJ. Judgment: Adarsh Kumar Goel J.- 1. The assessee has preferred this appeal under section 260A o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal effect when the gross receipts were Rs. 2,03,60,066. The rate disclosed by the appellant for the assessment year under appeal is around 3 per cent. of the gross receipts. However, keeping in view the deficiencies, as pointed out by the Assessing Officer in his order and considering his observations regarding unverifiable expenses in the absence of production of books of account, I deem it fit to restrict the addition to 4 per cent. of the gross receipts of Rs. 3,01,36,669 which works out to Rs. 1,20,54,671 as against the addition made of Rs. 24,10,933 by the Assessing Officer. The appellant, thus, gets a relief of Rs. 12,05,466 on this ground ? (ii) Whether in the facts and circumstances of the case the learned Tribunal was justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 44AD of the Act, i.e., 8 per cent. in the case of a civil contractor where account books are not maintained. It was observed that though the section applied where the receipts were up to Rs. 40 lakhs, the same rate could be applied even to contracts where the receipts were beyond the said limit, where no accounts and documents were produced and application of such a rate was otherwise proper. Accordingly, the Assessing Officer made the assessment. 3. On appeal, the Commissioner of Income-tax (Appeals) restricted the addition to 4 per cent. of the gross profit. It was observed that the assessee did not get sufficient opportunity and since section 44AD was not appli-cable, the Assessing Officer was not justified in applying the statut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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