9911796707
TMI Blog2015 (10) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... ar as the adopting the flat rate of 4% of the total receipts as income of the assessee is concerned, there is no justification and the orders of the learned CIT(A) / Assessing Officer have not provided any basis to support the same. In our considered opinion, there is a need to remand all the issues to the file of the Assessing Officer for want of issue based adjudication of all the grounds by pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the income @ 4% of turnover and which is very excessive on the facts of the case. 2. The learned CIT(A) erred in confirming estimate of the income without rejecting the books of account. 3. The learned CIT(A) erred in not considering the fact that assessee had subcontracted the work to partner of joint holder as per agreement and erred by not considering the fact that both partners of join ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal receipts are ₹ 31,77,14,507. The estimated income is worked out to ₹ 1,27,08,580. After netting the above income with the amount returned by it at ₹ 84,21,362, the Assessing Officer made addition of ₹ 42,87,218. The learned CIT(A) confirmed the same vide his order dated 6th July 2012. Being aggrieved by the said order, the assessee is in appeal before us with the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lete and accurate in all respects, the decision of the Assessing Officer in rejection of the books of account is unsustainable in law. He further submitted that revenue model of the assessee is not well understood and appreciated by the Revenue, the issue that should be considered in the remand proceedings, if any. 4. On the other hand, the learned Departmental Representative relied upon the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of all the grounds by passing a speaking order. Accordingly, we set aside the impugned order passed by the learned CIT(A) and restore all the grounds raised by the assessee to the file of the Assessing Officer for denovo adjudication. The Assessing Officer is also directed to take into account all the available decisions relevant to the issue under consideration and the same should find place i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
