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TMI Blog1985 (10) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... the cost of materials supplied by the Government was liable to be included in the total receipt of the assessee for calculating its profit for the assessment year 1967-68 ?" The point referred to us itself indicates that we are concerned with the assessment year 1967-68. The assessee is a contractor engaged in building construction with Hindustan Steel Ltd. and Durgapur Steel Plants. In executi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to him, the gross amount paid to the assessee had to be taken into account for ascertaining the net profit of the assessee. The appellate authority, however, took a different view of the matter. He held that the facts showed that the materials supplied to the assessee were not within his control, but were under the control of the respective steel plants. That being the position, the net amount pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of by Bench of this court on November 21, 1984, in Taxation Case No. 57 of 1975, CIT v. S R Viz Construction Co. [1987] 163 ITR 666 (Pat). In that case also, the finding of the Tribunal was, as in the present case, that the assessee not having control over the materials supplied to him, the net receipt was the index for ascertaining the rate of profit of the assessee. The question referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i was distinguished. The case of the present assessee in this reference as also in Case No. 57 of 1975 (CIT v. S. P Viz Construction Co. [1987] 163 ITR 666 (Pat)), are in accord with the case of Kalpnath Rai and they materially differed from the case of Ramesh Chandra Chaturvedi [1980] 121 ITR 116. In that view of the matter, it is obvious that the Tribunal and the Appellate Assistant Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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