M/S R.G. Colonizers Pvt. Ltd., Jaipur vs. DCIT, Circle-3, Jaipur
In the result, this appeal of the assessee stands allowed
ITA 136/JPR/2021[2014-15]Status: DisposedITAT Jaipur04 Apr 2022AY 2014-15
Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 136/Jp/2021 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 M/S R.G. Colonizers Pvt. Ltd., Cuke D.C.I.T., 4, Tirupati Trade Centre, S.C. Vs. Circle-3, Road, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aaacr 8269 D Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri P.C. Parwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 14/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 04/04/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. National Faceless Appeal Centre (Nfac), Delhi Dated 06/08/2021 For The A.Y. 2014-15, Wherein Following Grounds Have Been Taken. “1. The Ld. Cit(A), Nfac Has Erred On Facts & In Law In Upholding The Rejection Of Books Of Account By Applying The Provisions Of Sec. 145(3). 2. The Ld. Cit(A), Nfac Has Erred On Facts & In Law In Upholding The Action Of Ao In Applying N.P. Rate Of 8% On Total Receipts Of Rs. 18,63,73,549/-, Thereby Computing The Business Income At Rs. 78,42,549/- (18,63,73,549*8%-70,67,877 Depreciation) As Against Net Loss Of Rs. 68,43,810/- Computed By The Assessee)
For Appellant: Shri P.C. Parwal (CA)For Respondent: Smt. Monisha Choudhary (JCIT)
Section 145(3)Section 2Section 44A
…llate Tribunal adopted same method in the current year. High Court held that no interference is required in the order of ITAT.” SLP filed by the department against the decision reported at 258 ITR 431 is dismissed by Hon’ble Supreme Court which is reported in 264 ITR 36 (Statute). We also draw strength from the decision of Coordinate Bench of this Tribunal in the case of Shri Ganpatlal Sharma Vs. ITO ITA No.1675/JP/1993 order dated 26.5.2000 (Jaipur) (Trib.) wherein the assessee was contractor and his income was assessed by estimating net profit rate subject to depreciation. AO declined to allow interest paid to…