SUBASH CHANDRA SUTAR,CUTTACK vs. ACIT, CIRCLE-2(2), CUTTACK
In the result, appeal of the assessee is dismissed
ITA 135/CTK/2016[2010-11]Status: DisposedITAT Cuttack12 Oct 2017AY 2010-11
Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.135/Ctk/2016 (धनधाारण वषा / Assessment Year :2010-2011) Shri Subash Chandra Sutar, Vs. Acit, Circle-2(2), Prop: Slaa Suppliers, Cuttack Talagarh, Nataj, Cuttack स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Alaps 5188 C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) निर्ााररती की ओर से /Assessee By : Shri B.R.Panda, Ar राजस्व की ओर से /Revenue By : Shri Kunal Singh, Citdr सुनवाई की तारीख / Date Of Hearing : 11/10/2017 घोषणा की तारीख/Date Of Pronouncement 12/10/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed An Appeal Against The Order Of Cit(A), Berhampur, Camp : Bhubaneswar, In Appeal No.0250/12-13, Dated 07.03.2014, Passed U/S.144/250 Of The Income Tax Act, 1961 For The Assessment Year 2010-2011, Wherein The Assessee Has Raised The Following Grounds :- 1. For That The Orders Of The Forums Below Are Improper, Excessive & Contrary To The Facts & Circumstances Of The Case. 2. For That The L.A.O. Even Though The Profit Was Determined In Estimate Basis After Rejecting The Books Of Accounts, The Claim Of Depreciation Should Have Been Allowed From The Net Profit Separately On The Basis Of The Circular Of The C.B.D.T. Therefore, The Order Passed Inflating The Income Is Liable To Be Reduced Accordingly. 3. For That, The Ld. Cit (A) Has Erred In Allowing The Depreciation Separately From The Net Profit & Deposing Of The Order Categorically Directing The A.O. To Deduct The Depreciation Form The Gross Contract Income In Stead Of Considering The Depreciation Separately To Be Deducted After Estimation Of Net Profit. Therefore, The Order Passed By The Ld. Cit (A) Is Liable To Be Quashed Entirely.
For Appellant: Shri B.R.Panda, ARFor Respondent: Shri Kunal Singh, CITDR
Section 143(1)Section 143(2)Section 144Section 145(3)
condone the delay of 727 days in filing the present appeal and the appeal is heard on merits.
3. Brief facts of the case are that the assessee is engaged in labour supply for civil contract work and also derives income, interest on deposits and sub-contract works and filed the return of income for the assessment year