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2022 (8) TMI 957

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....e Act], in respect of Assessment Year 2010-11. The impugned order was generated from the order of the ld. Income Tax Officer, Ward-2(2), Muktsar [in brevity the A.O.] passed u/s 143(3) of the Act, dated 28.09.2015. 2. Brief fact of the case is that the assessee was assessed u/s 143(3) of the Act. The assessment was made as per the direction of coordinate Bench of ITAT Amritsar bearing ITA No. 483/Asr/2014 dated 13.10.2014. The coordinate Bench had made the following observation which is extracted as below: "6. I have heard the rival contentions and perused the facts of the case. There is no dispute to the fact that the AO has completed assessment on 28.03.2013 after providing opportunity on 25.03.2013 for producing books of account and e....

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....ing Officer had completed the assessment and the books of account was rejected u/s 145 of the Act. The gross contract receipt of the assessee was determined by the revenue amount to Rs.85,89,152/-. Accordingly, the profit was calculated @ of 6% on the gross contract receipt which is amount to Rs.5,15,350/-. The deduction was allowed u/s 80P(2)(vi) of the Act. The society is engaging in collective disposal of labour of his member and entitled for deduction u/s 80P(2)(a)(vi). The gross contract receipt was declared by the assessee amount to Rs.69,02,988/- which was enhanced by the revenue amount to Rs.85,89,152/- and had determined net profit @ of 6% which was the same in both the assessments. The net profit was calculated amount to Rs.2,07,6....

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....7511304.00 Net contract receipts as per     Audit Report of Co-op. Dept./cheques deposited in Coop. Bank   6805988.00 Net Difference   705316.00 Thus cheques of contract receipts amounting to Rs.705316/- were received after 31.03.2010 i.e. in A.Y. 2011-12." The ld. counsel of the assessee accordingly requested to fix the turnover amount to Rs.69,02,988/-. In this respect, the counsel of the assessee further mentioned that the ld. Revenue Authority has no power to go beyond the jurisdiction of the order of Hon'ble ITAT. Hon'ble ITAT already determined the turnover, and the direction was made accordingly. Also related to deduction u/s 80P(2)(a)(vi) specific direction was made by the Hon'ble ITAT in its order d....