TaxTMI 
TaxTMI 
2022 (8) TMI 600
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....nces of the case the learned CIT(A) has erred in dismissing the grounds raised before him that the Assessing Officer is not justified in adding a sum of Rs. 5,37,445/- separately. The learned CIT(A) has not considered the case of the appellant in proper perspective. Bonafide and legitimate submission made has not been adhered to. There is no justification of any addition much less separate addition of Rs. 5,37,445/-. The addition of Rs. 5,37,445/- a sustained is arbitrary, unjustified, void ab-initio and bad in law. The addition as sustained is fit to be deleted/ modified. 3. For that the appellant reserves its right to file detailed submission at the time of hearing. 4. For that the appellant craves leave to urge, add or alter any other ground or grounds at the time of hearing. Additional Grounds of appeal ITA No. 314/Pat/18 AY 2009-10 1. For that the additional grounds of appeal hereto are without prejudice to each other. 2.1 For that in the facts and circumstances of the case, the learned CIT(A) has failed to adjudicate the following ground:- For that in the facts and circumstances of the case, the Assessing Officer is not justified in resorting the provisions of s....
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....leted. 4. For that the appellant reserves its right to file detailed submission at the time of hearing. 5. For that the appellant craves leave to urge, add or alter any other ground or grounds at the time of hearing. ITA No. 315/Pat/18 AY 2009-10 1. For that the grounds of appeal hereto are without prejudice to each other. 2.1 For that in the facts and circumstances of the case, the learned CIT(A) has erred in confirming the addition of Rs. 9,43,735/-, separately as added by Assessing Officer on account of hire charges. The learned CIT(A) confirmed the addition as made by the Assessing Officer on the footing that no such addition has been made by the Assessing Officer. It is submitted that the Assessing Officer very much made the addition of Rs.9,43,735/- to arrive at total taxable income at Rs. 66,98,973/- or Rs. 66,98,970/-. The learned CITA has not decided this ground in proper perspective. 2.2 For that the assessee has received a sum of Rs. 9,43,735/- as hire charges. In order to earn the hire charges, assessee has to provide maintenance to JCB Machine, including salary to driver, salary to helper, fuel charges, repairs and maintenance, depreciation and other charge....
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.... filed only Tax Audit Report (TAR) including financial statements(part of tax audit report), but books of account were not produced. As the assessee failed to produce books of account & other details except Tax Audit Report and audited financial statements u/s. 44AB of the Act, the ld. AO proceeded to reject the books of account u/s. 145(3) of the Act and framed the best judgment assessment as provided u/s. 144 of the Act and applied net profit rate of 8% on gross contractual receipts at Rs..7,14,03,035/- and computed the net profit at Rs.57,12,242/- and allowed the claim of salary paid to partners of Rs.96,000/- and interest paid to partners of Rs.12,37,805/- and assessed income at Rs.43,78,437/- u/s. 143(3) of the Act dated 31-10- 2011. 5. As far as this action of the ld.AO estimating the net profit of the assessee and assessing the income of assessee at Rs. Rs.43,78,437/-, and the same is not in dispute before us. Subsequent to completion of assessment u/s. 143(3) of the Act the ld. AO framed/passed the assessment order on 11.12.2015 u/s. 154 r.w.s 143(3) of the Act stating that hire charges shown in the P & L account at Rs.9,43,735/- is not in the nature of works contract rece....
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....18 the additions/adjustments made by the ld. AO u/s. 154 of the Act has not been deleted by the ld.CIT(A) and are in dispute before us. We find that when the case of the assessee was assessed u/s. 143(3) of the Act on 31-10-2011 as against the net profit rate @ 0.39% declared by the assessee on the gross contract receipts of Rs.7,14,03,035/-, the ld. AO after examining the financial statements and tax audit report and in absence of books of account, bills and vouchers not produced by the assessee before him, passed best judgment assessment as provided u/s. 144 of the Act and estimated the net profit rate @ 8% of the gross receipts. We find that the adjustments made in the order passed u/s. 154 of the Act dt. 11.12.2015 and 16/1/2016 are not apparent mistakes on records, because the ld.AO has passed best judgment assessment order based on financial statements placed before him and therefore, the adjustments made by the ld. AO in the order passed u/s. 154 of the Act treating the hire charges as part of the contract receipts and again adding them to the total income and also adding the amount of interest on NSC/FD as part of the gross contract receipts and not allowing the claim of pa....