9911796707
TMI Blog2021 (10) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... he outset, it has been brought to our notice that against the impugned order of the Ld. CIT(A), the assessee had also filed appeal before this Tribunal because it was not satisfied with the partial relief given to the assessee by the Ld. CIT(A) in the impugned order. However, it is taken note that the assessee's case was listed before the Tribunal on an earlier occasion and without noticing the fact that the department has also preferred the appeal against the impugned order, this Tribunal had heard assessee's appeal on 09.09.2021 and pronounced the judgment on 14.09.2021 in ITA No. 2595 to 2597/Kol/2019 for AYs 2013-14 to 2015-16 confirming the action of the Ld. CIT(A). It is noted that both sides did not bring this fact at the time of hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tailed enquiry conducted by the Ld. CIT(A), which remained uncontroverted by the ld. counsel for the assessee find no reason to interfere in the finding of Ld. CIT(A) applying the gross profit rate of 40% on the turnover disclosed by the assessee as against the gross profit rate of 57.01% disclosed by the assessee and accordingly has rightly charged the difference of the profit that is 17.01% (57.01% less 40%) on the gross turnover for the year as "Income from other sources". Accordingly, ground no. 2, 3 & 4 raised by the assessee are dismissed. Appeal of the assessee for A.Y. 2013- 14 is dismissed." 4. And thereafter, confirmed the action of the Ld. CIT(A) for AYs 2014-15 and 2015-16 as under: "17. Now we take up ITA 2596/Kol/2019 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... profit of the assessee company, which cannot be faulted as perverse. And we have already agreed with the decision of the Ld. CIT(A) rejecting the books of account, book results and invocation of the provision of section 145(3) of the Act while disposing of the assessee's appeal. Therefore, in the light of the discussions, we do not find any infirmity in the order of the Ld. CIT(A) in estimating the income of the assessee. We note that from AY 2007-08 the assessee is eligible unit for deduction u/s. 80IC of the Act and, as discussed the estimation is made on the basis of relevant material and has been found by us to be reasonable in the facts and circumstances of the case. Therefore we uphold the impugned action of the Ld. CIT(A) giving part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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