2011 (8) TMI 1267 - AT - Income Tax

ITAT allows appeals, holds assessing assessee as AOP not prejudicial, CIT's order set aside.

M/s. Sri Bhavani Constructions Co., Kakinada Versus ITO Ward-2, Kakinada

The appeals were allowed as the ITAT found that assessing the assessee as AOP instead of PFAS was not prejudicial to revenue, and the CIT was not ... - Issues involved: Appeal against order passed by CIT u/s 263 of the Income-tax Act regarding assessment status and profit estimation.Summary:The appeals were filed by the assessee against the CIT's order u/s 263 setting aside the assessment order and directing the A.O. to adopt the status as PFAS and pass a fresh assessment order. The assessing officer estimated net profit at 2.5% of gross receipts in the absence of books of accounts and treated the assessee as AOP. The CIT sought to revise the assessment order on grounds related to scrutiny selection, profit estimation, and status classification. The assessee replied to the show cause notice, explaining reasons for lower profits, non-maintenance of accounts, and AOP status. The CIT set aside the assessment order, but the assessee contended that the assessment was not erroneous or prejudicial to revenue. The ITAT found that the assessing officer had considered relevant facts, rejected the books of accounts, and estimated income based on previous years' assessments. The ITAT held that assessing the assessee as AOP instead of PFAS was not prejudicial to revenue, and the CIT was not justified in setting aside the assessment order. Consequently, the appeals of the assessees were allowed, and the CIT's order was set aside.This judgment highlights the importance of proper assessment procedures, consideration of relevant facts, and the distinction between AOP and PFAS status for tax purposes.