2013 (3) TMI 561

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....;  "1. Whether the Hon'ble ITAT is correct in law in upholding the order of the Ld. CIT (A) despite the fact that sufficient opportunities were given to the assessee by the Assessing Officer during the assessment proceedings.    2. Whether the Hon'ble ITAT was correct in law in confirming the order of the Ld. CIT(A) in deleting the additions of Rs.1,43,33,248/- on account of wages payable and Rs.68,000/- on account of salary payable, made by the A.O even when the identity, creditworthiness and the genuineness of the same could not be proved by the assessee?    3. Whether the Hon'ble ITAT was correct in law in confirming the order of the Ld. CIT(A) deleting the addition of Rs.68,98,994/- made by the A.O on acco....

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.... matter was remanded back to the Commissioner of Income Tax (Appeals) for fresh decision. After remand, the Commissioner of Income Tax (Appeals) in its order dated 15.6.2010, considered the letter dated 1.4.2008 issued by the Assessing Officer during the course of assessment proposed to reject the books of account and compute profit from contract business under Section 144 of the Act by applying net profit @ 8% of contract receipts. On the basis of the said letter, the Commissioner of Income Tax (Appeals) found that income is required to be estimated @ 8% of the contract receipts and the additions on any other issues cannot be made. It is the said order passed by the Commissioner of Income Tax (Appeals), which has been affirmed in appeal....