2010 (9) TMI 587

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....r: Pramod Kumar:   1. This is an appeal filed by the assessee and is directed against the order dated 24th March 2009 passed by the CIT(A) in the matter of assessment under section 143(3) of the Income Tax Act, 1961, for the assessment year 2005-06.   2. In the first ground of appeal, the assessee is aggrieved of CIT(A)'s upholding the disallowance of Rs 77,9854 by applying the pro....

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.... a portion of the amount billed by the assessee, after retaining its normal profit share - as reflected by average profit rate of 23.5%, and not the entire amount. The Assessing Officer disallowed this amount under section 40A(2)(b). Aggrieved, assessee carried the matter in appeal before the CIT(A) but without any success. The assessee is not satisfied and is in further appeal before us.   ....

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....ief on this issue.   5. Ground No 1 is thus allowed.   6. In ground no. 2, the assessee is aggrieved of CIT(A)'s upholding the disallowance of Rs 17,16,367 in respect of amounts due from employees written off.   7. In the course of assessment proceedings, the Assessing Officer noted that the assessee had written off an amount of Rs 17,16,367 which was due from employees. Th....

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.... is in further appeal before us.   8. During the course of proceedings before us, the assesse has filed certain additional evidences which could not be filed before the authorities below. It is stated that , with the benefit of legal advice now, it is considered appropriate to file these evidences to meet the objections of the authorities below. While we have admitted these evidences in th....