2008 (4) TMI 274

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....court was delivered by MADAN B. LOKUR, J. - The Revenue is aggrieved by an order dated 30^th December, 2005 passed by the Income Tax Appellate Tribunal, Delhi Bench 'G' in I.T.A. No.144/Del/2003 relevant for the Block Period 1997-98 to 2001-02. 2. After hearing learned counsel for the parties, we admit this appeal and frame the following substantial question of law for consideration:- "Wh....

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....sing Officer, the Assessee preferred an appeal before the Commissioner of Income Tax (Appeals) which was partly allowed by the Commissioner of Income Tax (Appeals) and it was held that only an amount of Rs. 39,44,536/- could be added to the income of the Assessee. 5. Aggrieved thereby, the Assessee preferred an appeal before the Income Tax Appellate Tribunal. The Tribunal found that while the A....

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....pply of labour for civil construction, a sum equal to eight per cent of the gross receipts paid or payable to the assessee in the previous year on account of such business or, as the case may be, a sum higher than the aforesaid sum as declared by the assessee in his return of income, shall be deemed to be the profits and gains of such business chargeable to tax under the head "Profits and gains of....