M/S KUMAR CONSTRUCTION,CHAPRA vs. DCIT, CICLE-2, MUZAFFAPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos.200/Pat/2014 Assessment Year: 2005-06 M/S. Kumar Construction Dcit, Circle-2, Muzaffarpur P.O. Dumri Adda, P.S. Vs. Doriganj, Dist. Chapra. Pan: Aajfm 7295 G (Appellant) (Respondent) Present For: Appellant By : Smt. Archana Sharma, Ca Respondent By : Shri Rupesh Agrawal, Sr. Dr Date Of Hearing : 28.06.2022 Date Of Pronouncement : 22.09.2022 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Preferred By The Assessee For The A.Y. 2005-06 Is Directed Against The Order Passed U/S 143(3) Of The Income-Tax Act, 1961 Passed By Osd, Cit(A) Dated 26.06.2014. The Assessee Has Taken The Following Revised Ground Of Appeal For A.Y. 2005-06 As Under: “I. The Ld. Assessing Officer Has Assessed Profit @ 8% Of Total Gross Receipts Amount To Rs. 2,40,85,620/- Amounting To Rs. 19,26,850/- & Added Back To Assessee’S Income While Computation Of Tax. Ii. Capital Introduced By 6 Partner’S Amounting To Rs. 12,20,000/- Has Been Outrightly Rejected By Ao & Added Back To Assessees Income While Computation Of Tax. Iii. The Respondent Have Rejected The Books Of Accounts Invoking The Provision Of Section 145(3) & Rejecting The Books Of Accounts Regularly Maintained & Holding That The Audited Books Of Accounts Were Not Absolutely Reliable. So, We Pray For Consider The Revised Grounds Stated Above & Grant Relief For Assessee’S Income @ 6% Of The Total Receipts Of Rs. 2,40,85,620/-.”

depreciation claimed in the profit and loss accounts. However, doing so, he allowed salary and interest to partners amounting to Rs. 3,97,897/- therefrom. Since the assessee firm was reconstituted and seven partners had introduced Rs. 17,86,586/- towards their capital and out of seven partners did not file any documentary proof to explain the source of capital