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TMI Blog2013 (12) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... Chandra Poojari And Smt. Asha Vijayaraghavan,JJ. For the Appellant : Shri S. Rama Rao For the Respondent : Shri K. E. Sunil Babu ORDER Per Asha Vijayaraghavan, J.M. This appeal preferred by the assessee is directed against the order of CIT(A)-VI, Hyderabad, dated 25/05/2012 for the assessment year 2009-10. 2. Briefly the facts of the case are that the assessee filed his return of income for the year under consideration on 30/09/2009 returning total income of Rs. 38,42,330/- which consisted of income from business Rs. 33,18,338/- and income from other sources Rs. 6,38,993/- respectively. Survey operations were conducted at the business premises of the assessee on 13/09/2010. During the course of survey operations, the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S report or TDS certificates in respect of individual parties and determined turnover and completed the assessment by estimating the net profit @ 5% of the turnover of Rs. 20,53,51,656/- and assessed the total income at Rs. 1,07,91,580/-. 4. Aggrieved the assessee carried the matter in appeal before the CIT(A) contesting the rejection of books of account and estimation of net profit at 5% by the AO. 5. The CIT(A) confirmed the action of the AO in rejecting the books of account and also in estimating the profit @ 5% of the gross turnover. 6. Still aggrieved, the assessee is in appeal before us and has raised the following grounds of appeal: "1. The order of the CIT(A) is erroneous both on facts and in law. 2. The learned CIT(A) err ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered abnormal. 9. Further, the learned counsel relied upon the decision of the coordinate bench in the case of Sri Veera Vadivel Muriugam in ITA No. 1919/Hyd/2011 for AY 2008-09 dated 28/06/2012. 10. After hearing both the parties and perusing the record, we find that the issue under consideration is factually different to that of the case decided by the coordinate bench in the case of Sri Veera Vadivel Muriugan (supra). Further, the Assessee himself has disclosed 3.59% in AY 2008-09. The AO has also pointed out that most of the expenses on hire charges were through self- made vouchers. Since there is no possibility of verification of these vouchers, in our opinion, the estimation of net profit at 5% of the turnover of Rs. 14,19,4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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