TaxTMI 
TaxTMI 
2026 (5) TMI 712
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.... days in the filing of present appeal. The assessee had pleaded condonation of the delay stating that his appellate proceedings were being looked into by his Consultant Mr. Rajesh M. Upadhyay. That during the pendency of the appellate proceedings itself, the assessee had shifted to Bangalore and joined a job there. He was no longer in touch with his Consultant and was unaware of the passing of the Ld.CIT(A)'s order. He became aware of the order only when a recovery notice dated 10.06.2025 was received by him and immediately, thereafter, he filed an appeal before the ITAT on 07-08-25, with a delay of 341 days. 3. The Ld. DR opposed the delay. 4. I am of the view that the assessee has adduced sufficient cause for the delay. He has state....
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....me up in appeal before me. 8. Ground No.1 raised by the assessee reads as under: "1. Ld. ADDL/JCIT has erred in law and on facts to upheld A.O.'s action of rejection of books of account u/s 145[3] of the Act on so called discrepancies in wage / salary register over looking the fact that wage and salary paid to workers are subject to EPF, Service Tax. etc." 9. Ground No.1 raised by the assessee challenges the order of the Ld. CIT(A) confirming the rejection of books of accounts by the AO u/s.145(3) of the Act. 10. I have gone through the orders of the AO and the CIT(A). The discrepancies noted by the authorities below leading them to believe that the accounts maintained by the assessee did not truly or correctly reflect....
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....s reflection of his/her personality. iv. Some of the payments above Rs. 5,000/- have not been signed on stamps as per provision of section 2(23) of Indian stamp Act 1899. v. The assessee has made salary register However, no names & address of the person deployed has been mentioned is them. Further the date of making payment is also not mentioned. Therefore, how the accounting for of wages is done! The wages are paid in cash and it is not possible that all the persons would take their salary on the same day itself, all the time. 4. Further on perusal of the balance sheet of the assessee it is seen that there are debtors and liability in form of wages& salary payable. The same is not verifiable as the same has been ....
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....ns in this regard were made before me also. In the light of the same, it is evidently clear that the books of accounts maintained by the assessee were not reliable and genuine enough for determining the true and correct profit earned by the assessee during the year. The orders of the authorities below, therefore, rejecting the books of accounts of the assessee are confirmed. 12. Ground of appeal no.1 raised by the assessee is dismissed. 13. Ground No.2 raised by the assessee reads as under: "2. Ld. ADDL/JCIT has erred in law and on facts to upheld A.O.'s addition of Rs. 12,54,814/- being 8% estimated N.P. on gross contract receipts out of labour supply services of Rs. 1,56,85,179/- on adhoc and estimated basis, ignoring p....