2011 (2) TMI 1318

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....livered by N. KUMAR J.-This appeal is by the assessee challenging the order passed by the revisional authority, which has set aside the order passed by the first appellate authority which had granted deduction of actual expenditure incurred and substituted the same with 30 per cent of the expenditure. 2. The assessee is a civil works contractor. His return was processed and the assessing aut....

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....ng authority was set aside and the assessing authority was directed to give deductions as per return of turnover filed in form 4 (revised) and thereafter re-compute the taxable turnover and calculate the taxes payable. Thereafter, the Additional Commissioner of Commercial Taxes, initiated proceedings under section 22A(1) of the Karnataka Sales Tax Act, 1957 (for short, hereinafter referred to as "....

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....s without jurisdiction. Secondly, he contended that when the entire statement of books of accounts was produced, which clearly showed the actual expenditure incurred by the assessee in execution of the contract work, the revisional authority committed a serious error in ignoring the same and restricting the deductions only to 30 per cent. Therefore, he submits that a case for interference is made ....

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....nst the Revenue. Therefore, the revisional authority was justified in initiating the proceedings under section 22A(1) of the Act. The revisional authority has looked into the books of accounts, vouchers, receipts and other supporting documents and has recorded a categorical finding that though there are entries in the books of accounts to the expenditure of Rs. 50,67,304 as the expenditure incurre....