TaxTMI 
TaxTMI 
2013 (8) TMI 177
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....nsel for the assessee. The remaining grounds read as under:- 1. The learned CIT(A) erred in confirming the disallowance of Rs.25,37,001/- made under head 'Wages' by learned Assessing Authority, which is without any material on record. The disallowance made and confirmed by the learned CIT(A) is based on surmises and guess work. 2. The learned CIT(A) has failed in not considering the details filed in the course of assessment and appeal proceedings. 3. The learned CIT(A) has erred in not considering the alternative ground that the disallowance is excessive as acceptance of the disallowance of expenditure. 4. The learned CIT(A) erred in holding the disallowance of 10% of the expen....
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....12 wherein he sustained the addition of Rs.25,37,001/- made to the returned income under the head 'wages' and deleted the other additions made under various heads. The relevant finding of the CIT(A) for sustaining the disallowance of Rs.25,37,001/- reads as follows:- "After careful consideration of the issue, I have to note that the defence of the appellant does not confront the fact that as many as 18 opportunities were given to the appellant over two months time by the Assessing Officer and the appellant could not have legitimately stated that sufficient time was not given to it to produce the evidence of the wages paid. At the same time, as mentioned above, the appellant states that the payroll registers and other registe....
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....dopted which is the issue". 6. The assessee being aggrieved is in appeal before us. 7. The learned counsel for the assessee submitted a paper book of 108 pages, inter alia, containing copies of statement of expenses, ledger extract of wages, copy of letter dated 30.7.2008 filed before the Assessing Officer, etc. The learned AR submitted that a survey was conducted in the premises of the assessee on 18/6/2008 and on the basis of the survey, the assessee has disclosed net profit of 4% on the turnover for the Assessment Years 2006-07 and 2007-08, which was duly accepted by the department. It was submitted by the learned AR that for the concerned AY, the net profit disclosed works out to 4.21% on the turnover. Therefore, it was stated tha....
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....aler, for the purposes of the Act shall be the aggregate of - (a) ............... to (g) ............. (2) The taxable turnover shall be determined by allowing the following deduction from the total turnover,- (a) ...............to (1) ....................... (m) Such amounts calculated at the rate specified in column (3) of the Table below towards labour charges and other like charges as incurred in the execution of a works contract when such charges are not ascertainable from the books of accounts maintained by a dealer". TABLE Sl. No. Type of contract Labour and like charges as a percentage of the value of the contract 1 to 4. ------- ------- ....