CIT v. Prabhat Kumar

323 ITR 675High Court2010#17734 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 142(1)Section 143(2)Section 145(3)Section 234B Section 234D Section 270A Section 41(1)Section 43B

Judgments citing CIT v. Prabhat Kumar

SINGAL AND SONS CONSTRUCTION PVT LTD,DELHI vs. ITO WARD - 4 , HISAR

In the result, ground raised by the assessee is partly allowed

ITA 264/DEL/2024[2017-18]Status: DisposedITAT Delhi10 Jul 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmansingal & Sons Construction Pvt. Ltd., Vs. Ito, Ward 4, Behind Sbi Main Branch, Hisar. Delhi Road, Hisar – 125 001 (Haryana). (Pan : Aaccs0362C) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Manish Gupta, Sr. Dr Date Of Hearing : 10.07.2025 Date Of Order : 10.07.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi (For Short ‘Ld. Cit (A)) Dated 06.11.2023 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income Declaring Income Of Rs.5,90,940/- On 29.10.2017 For The Ay 2017-18. The Case Was Selected For Complete Scrutiny Through Cass. Accordingly, Notices

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Manish Gupta, Sr. DR

Section 143(2)Section 145(3)Section 41(1)Section 43B

…ks of account maintained by the assessee. After rejecting the books of account, he observed that the profit of the assessee should be estimated @ 10% by relying on the decision of Hon’ble Punjab & Haryana High Court in the case of CIT vs. Prabhat Kumar (2010) 323 ITR 675. Further he observed 3 that in the previous assessment year, assessee has declared GP of 9.40%. Since the assessee has declared less income during the year, he proceeded to estimate the income @ 9.40%. Further he observed from the Balance Sheet that a sum of Rs.24,50,000/- was shown as reserve for service tax in the liability side of the Balance…

TOMAR AND BROTHERS,ETAWAH vs. INCOME TAX OFFICER, WARD-2(2)(5), ETAWAH

Appeal of the assessee is partly allowed

ITA 202/AGR/2024[2014-15]Status: DisposedITAT Agra24 Apr 2025AY 2014-15

Bench: :Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2014-15

Section 250(6)Section 40

…1% with rate of 8% being applied in majority of the years. Further, his contention was that the case law relied upon by learned CIT(Appeals) to justify the rate of 11.8% of the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Prabhat Kumar (2010) 323 ITR 675 (P&H) could not be relied in preference to the past history of the appellant itself. Learned counsel, therefore, pleaded adequate relief on this issue. 5. Learned DR, however, supported the order of ld. CIT(Appeals) pointing out that the ld. CIT(Appeals) has been just enough in reducing the disallowance made by the Assessing Officer from 10%…

MALLAMPATI FEROZ GANDHI vs. THE ITO,, ELURU

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 307/VIZ/2017[2009-2010]Status: DisposedITAT Visakhapatnam10 Aug 2018AY 2009-2010

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blemallampati Feroz Gandhi, Vs. Ito, Ward-2, D.No. 9-47, Appanaveedu, Eluru. Hanuman Junction, Pedapadu Mandal, West Godavari District. Pan No. Ahzpm 7453 K (Appellant) (Respondent)

For Appellant: Shri G.V.N. Hari – AdvocateFor Respondent: Shri K.C. Das – Sr.DR

…erabad 12.5% on contract Order dated 12.10.2012 receipts ITA No. 1141/Hyd/2005 & ITA No.9/Hyd/2007 2) Teja Constructions ITAT, Hyderabad 9% of gross ITA No.308/Hyd/2009 order dated receipts 23.10.2009 3) CIT vs. Parbhat Kumar Punjab & Haryana 12% of contract [323 ITR 675 (P&H)] Receipts * High Court 4) ---- Raja Ram Contractors v. CIT Punjab & Haryana 10% of contract receipts ITA No.689 of 2009 order High Court dated 07.04.2010 5) M/s.Krishna Mohan ITAT, Hyderabad 12.5% on entire Constructions ITA No.380 & contract receipts 381/Hyd/94 order dated 20.03.1998 * The reason for application of the said rate in the…

ANKAM SRINIVASA SUBBA RAO,,ELURU vs. THE ITO,, ELURU

In the result, appeal filed by the assessee is partly allowed

ITA 306/VIZ/2017[2009-2010]Status: DisposedITAT Visakhapatnam31 Jul 2018AY 2009-2010

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleankam Srinivasa Subba Rao, Vs. Ito, Ward-2, D.No. 1-61, Balaji Nagar, Eluru. Tangellamudi, Near Venugopala Swamy Temple, Eluru Pan No. Adkpa 7997 F (Appellant) (Respondent)

For Appellant: Shri G.V.N. Hari – AdvocateFor Respondent: Shri D.J.P. Anand – Sr.DR

Section 143(1)Section 143(3)

…ad 12.5% on contract receipts TA No. 1141/Hyd/2005 & ITA Order dated No.9/Hyd/2007 12.10.2012 2 ) Teja Constructions ITAT, Hyderabad 9% of gross ITA No.308/Hyd/2009 order dated receipts 23/10/2009 3 ) CIT vs. Parbhat Kumar 12% of contract Punjab & Haryana [323 ITR 675 (P&H)] High Court receipts * 4 ) Raja Ram Contractors v. CIT 10% of contract Punjab & Haryana TA No.689 of 2009 order dated High Court receipts 07.04.2010 5 ) M/s. Krishna Mohan Constructions ITAT, Hyderabad 12.5% on entire ITA No.380 & 381/Hyd/94 contract receipts order dated 20.03.1998 * The reason for application of the said rate in the cas…

ASHOK KUMAR ARORA,REWARI vs. ITO, REWARI

In the result, the appeal of the assessee is allowed

ITA 5015/DEL/2016[20110-11]Status: DisposedITAT Delhi12 Apr 2017

Bench: Shri S.V. Mehrotraassessment Year : 2010-11 Ashok Kumar Arora, Ito, Ward- 1, H.No.5330, Nalbandan, Rewari. Vs. Rewari Pan : Aappa 6575 P (Appellant) (Respondent)

For Appellant: Shri Anubhav Jain, AdvFor Respondent: Ms. Bedobani Chaudhuri, Sr.DR

Section 145(3)Section 271(1)(c)Section 44A

…d that the assessee had shown a net profit rate of 5.6%. In the absence of any documentary evidence in the shape of purchases and expenses, Assessing Officer adopted the profit rate of 12% following the decision in the case of CIT vs. Prabhat Kumar (2010) 323 ITR 675 (P&H) and, accordingly, made an addition of Rs.6,57,819/-. The Assessing Officer had also made another addition of Rs.60,000/- on account of low withdrawals for household expenses. 3. Ld. CIT(A) confirmed the addition made by Assessing Officer by applying the net profit rate of 12% but deleted the addition made on account of low withdrawals for…