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TMI Blog2013 (10) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant : Tej Shah. ORDER:- PER : M.R. Shah Present appeal has been preferred by the appellant-assessee challenging the impugned judgment dtd. 11/3/2012 passed by the Income-tax Appellate Tribunal, Ahmedabad Bench, in ITA No.4442/Ahd/2007 for the A.Y. 2004-05, by which the ITAT1dismissed the said appeal preferred by the assessee confirming the order passed by the CIT(A) as well as Assessing Officer in rejecting the books of account invoking section 145(3) of the Income-tax Act, (hereinafter referred 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 ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee and explanation for not furnishing the aforesaid details, the Assessing Officer was satisfied that the assessee has failed to maintain proper books of account and therefore, he exercised power under section 145(3) of the Act. The Assessing Officer rejected the books of account being incomplete and incorrect. Consequently and accepting the assessee's plea for estimating profit on industry average; considering the details of gross turnover; net profit and net profit ratio of other assessee 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 asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a Government recognized Contractor and was having contracts at 35 sites and therefore, it was not possible for the assessee to maintain books of account of site-wise of purchase of consumption of material; site-wise labour muster roll and site-wise income and expenditure. It is submitted that as such the assessee was maintaining the books of account and also submitted audited report with audited accounts. It is submitted that as such there is no requirement under section 143 of the Act that 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... count of the assessee, impugned orders passed by the ITAT confirming the order passed by the CIT(A) as well as the Appeal From Order No. deserve to be quashed and set aside. By making above submissions and relying upon above citation, it is requested to allow the present appeal. 4. Heard the learned advocates appearing on behalf of the respective parties at length. 5. At the outset, it is required to be noted that in the present case, all the three authorities i.e. Assessing Officer, CIT(A) as 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 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing Officer issued show-cause notice upon the assessee to show cause why books of account be not rejected and thereafter the Assessing Officer has rejected the books of account, considering the fact that the purchase were not verifiable; closure stock was not verifiable; stock register was not maintained; muster register was not maintained and the said order of the Assessing Officer has been confirmed by the CIT(A) as well as ITAT. 5.1 Decision of all the three authorities below on rejection of 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and to that it was observed by the Allahabad High Court that the Assessing Officer erred in rejecting the books of account under section 145(3) of the Act. In the present case, that is not the so. As stated above, cogent reasons have been given by the Assessing Officer, CIT(A) and the Tribunal in rejecting the books of account under section 145(3) of the Act. 6. In view of the above as the decision to reject the books of account under section 145(3) of the Act of the ITAT is on facts and by giving cogent reasons, we see no reason to interfere with the same, more particularly no question of law much less any substantial question of law arises in the present appeal. Hence, present appeal deserves to be dismissed and is accordingly dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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