TaxTMI 
TaxTMI 
2018 (6) TMI 1624
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....Mr. Rishi Raj Sinha For the Respondent/s : ORAL JUDGMENT HONOURABLE THE CHIEF JUSTICE This is Revenue's appeal under Section 260A of the Income Tax Act calling in question tenability of an order passed by the Income Tax Appellate Tribunal in ITA No. 111/Pat/ 2010 for the assessment year 2004-05. The order is dated 10.12.2010 and the Revenue feels aggrieved by the impugned order to the ext....
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....profit at the rate of 8% of the total contract received and accordingly determined the income of the assessee at Rs. 1,26,50,146/-. The assessee challenged the same before the learned Commissioner (Appeals) and the Commissioner (Appeals) having made addition of Rs. 47,42,596/- on the basis of profit not disclosed the matter travelled to the Tribunal and the Tribunal in paragraph-11 of the impugned....
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....ficer after rejecting the books of account of the assessee, no further disallowance can be made by the Assessing Officer. The judgment of Hon'ble Andhra Pradesh High Court rendered in the case of Inwell Construction vs. CIT (supra) also, supports this view. In that case also, the income of the assessee was estimated by the Assessing Officer at Rs. 2.50 lacs after rejecting the books of account....
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....old the order of the learned Commissioner (Appeals) on this issue." Now it is canvassed before us that once the addition was made based on the statutory provision the Tribunal committed an error in rejecting the same and, therefore, it is stated that the substantial question of law arises for consideration is as to whether the addition made as per the statutory provision could be interfered with ....