9911796707
TMI Blog2013 (10) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... rred to as "the Act", proposing the following substantial question of law : "Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in rejecting the books of account of the appellant u/s 145(3) and estimating the Net profit even when N.P. shown by the appellant was higher than the preceding year?" 2. Facts leading to the present appeal in nutshell are as under : 2.1 That the dispute is with respect to A.Y. 2004-05. The assessee filed return declaring total income of Rs. 24,87,520/-. The return of the income was processed under section 143(1) of the Act. That during the year under consideration, the assessee was a Government recognized Civil Contractor. Its ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee engaged in similar activities, the Assessing Officer passed the assessment order considering the total income of the assessee of Rs. 49,22,645/- against the total income declared by the assessee at Rs. 24,87,520/-. 2.2 Being aggrieved by the assessment order passed by the Assessing Officer dtd. 29/12/2006, the assessee preferred appeal before the Commissioner CIT(A) and by order dtd. 16/10/2007, the CIT(A) dismissed the said appeal of the assessee confirming the order of assessment. Being aggrieved by the order passed by the CIT(A), the assessee preferred further appeal before the ITAT, Ahmedabad and by impugned order dtd. 11/5/2012, ITAT has dismissed the said appeal confirming the orders passed by the CIT(A) as well as Assessing Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the assessee has to maintain site-wise books of account. It is further submitted by Mr. Shah, learned advocate appearing on behalf of the appellant that the assessee was getting the work done from the labourers on piece rate and therefore, in fact, it was not possible and/or was not required to maintain site-wise labour muster roll. It is submitted that as such the materials purchased by the assessee were verified and kept by the engineer of PWD Department in their custody along with the original purchase invoices and therefore, there was no question to doubt the books of account maintained by the assessee. 3.1 It is further submitted by Mr. Shah, learned advocate appearing on behalf of the appellant that even the reasoning given by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well as ITAT have concurrently held against the appellant - assessee and as such, there are concurrent findings given by all the authorities with respect to rejection of books of account in exercise of powers under section 145 of the Act. The assessee is a Government Civil Contractor and the assessee filed its income-tax return of Rs. 24,87,520/- with respect to the assessment year 2004-05. It appears from the impugned order and more particularly assessment order as well as order of CIT(A) that the assessee was asked to give site-wise purchase of consumption of materials and site-wise labour muster roll. The assessee submitted that the same are not maintained and hence they were not able to produce the above for the verification of the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... books of account is on facts which is not required to be interfered with by this Court as cogent reasons have been given by all the authorities below in rejecting the books of accounts under section 145(3) of the Act. 5.2 Now, so far as the case on behalf of the assessee that under the law, there was no requirement of maintaining the books of account site-wise, is concerned, it is required to be noted that as such on facts and considering the explanation to the queries raised by the Assessing Officer and after giving an opportunity to the appellant and having found that there are defects in the maintenance of the books of account and the assessee has failed to maintain proper books of account to enable the revenue authorities to determine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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