9911796707
TMI Blog2017 (12) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... her income, in view of assessment on net profit that amount cannot be added separately to the income. Second issue is also answered in favour of the assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... lso added interest income of ₹ 3,16,339/- and ₹ 7,03,275/- as income which was derived from other sources. 5. However, CIT(A) has observed as under:- "4.21. Thus, considering the past history of the appellant with regard to the percentage of net profit declared and assessed by the AO, the average net profit rate (AY 2005-06 3.75%, AY 2006-07 4.0%, AY 2007-08 4.57%, AY 2008-09 5.57%, AY 2009-10 3.86%- after adjusting addition of ₹ 3 lacs) would be 4.35%. Accordingly, considering all these factors and other deficiencies as noted above, it would be fair to apply the net profit rate of 5.00% to the turnover declared by the appellant at ₹ 16,10,42,167/-. This would result in estimated net profit of ₹ 80,52,108 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. Counsel for the assessee has demonstrated that it is part of the contract business and therefore, once the net profit is applied for assessing the income, such receipts cannot be separately added to the income. While accepting the contention of the ld. Counsel, we direct the AO to delete the addition. This ground of the assessee is allowed." 7. Counsel for the respondent has contended that in the case of same assessee, average NP which has been applied is reproduced as under:- vi) The appellant earned NP of ₹ 49,77,294/- which is better than last year, the comparative GP rate and NP rate for the impugned year and preceding Four years are as under:- Rs. in Lac A.Y. Turnover Gross Profit % of G.P. Net Profit % of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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