1985 (4) TMI 10 - HC - Income Tax

Court affirms exclusion of value for Patratu contract, directs further investigation into Housing Dept. contract control

Commissioner Of Income-Tax Versus Jaiswal Verma Construction Co.

Commissioner Of Income-Tax Versus Jaiswal Verma Construction Co. - [1987] 164 ITR 561, 55 CTR 137, 30 TAXMANN 250 Issues:1. Whether the value of materials supplied to the assessee in execution of the contract work should be excluded from gross receipts in determining net profit by the application of rate.2. Whether the Tribunal was justified in holding that the value of materials supplied to the assessee in respect of the contract for the Housing Department of the Government of Bihar should be excluded from gross profit in determining net profit.Analysis:1. The judgment pertains to a reference application under section 256(1) of the Income-tax Act, 1961, regarding the exclusion of the value of materials supplied to the assessee in contract works from gross receipts to determine net profit. The Tribunal held in favor of the assessee based on the terms of the contract, excluding material value. The Commissioner of Income-tax accepted the findings for other contracts but disputed the Housing Department contract. The Tribunal's decision was upheld, and the question was answered in favor of the assessee for the Patratu Thermal Power Plant contract.2. The specific issue regarding the contract with the Housing Department of the Government of Bihar was analyzed separately. The Income-tax Officer and the Appellate Assistant Commissioner raised concerns about the unverifiable nature of the books of account for this contract. The Income-tax Officer estimated net profit at 10% of gross profit due to low reported profit. The Appellate Assistant Commissioner accepted the profit shown by the assessee after deducting material value. However, the Tribunal did not consider the existence of a contract between the assessee and the Housing Department, leading to ambiguity.3. The judgment highlighted the necessity of considering the agreement of contract between the assessee and the Housing Department of the Government of Bihar. The court emphasized the importance of determining whether the Housing Department had control over the materials supplied to the assessee. Without clarity on the contractual relationship and material control, the court refused to answer the question related to this specific contract. The Tribunal was directed to investigate the material control issue in line with relevant legal precedents.4. Ultimately, the court upheld the Tribunal's decision to exclude material value for the Patratu Thermal Power Plant contract in determining net profit. However, a clear finding on material control by the Housing Department was deemed essential before addressing the issue related to the contract with the Housing Department of the Government of Bihar. The Tribunal was instructed to consider legal precedents while determining material control, and the matter was left unresolved pending further investigation.