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2 ITA No. 1768/Del/2016
2. That the order of the Ld.CIT(A) be set aside and that of the
Assessing Officer be restored.
3. The assessee filed income tax return on 28/9/2011 at a total income of
Rs.1,81,18,370/-. The case of the assessee was selected for scrutiny and
statutory notice u/s 143(2) of the Income Tax Act was issued on 26/9/2012
and was duly served on the assessee. The authorized representative of the
assessee appeared from time to time and filed detailed reply along with books
of accounts cash book ledger and other documents. The same was placed on
record. During the course of assessment proceedings the Assessing Officer
noted that the turnover of the assessee has gone up from Rs.22,84,22,128/- in
the previous year to Rs.26,01,09,470/- in this year, but the net profit had
come down from Rs.2,52,05,645/-. Thus, the Assessing Officer observed that
even while the turnover has gone up the profit had declined and the decreasing
profit was mainly due to abnormal increase in two expenses i.e. the profit
monitoring expenses which has gone from Rs.31,65,768/- to Rs.84,21,250/-
and Erection and Commissioning charges which has gone up from
Rs.4,65,768/- to Rs.66,10,810/- and the net profit had decrease due to
substantial increase in these expenses. The assessee was asked to justify this
abnormal increase in two expenses. Thus, the assessee submitted that most of
the project were in this year was carried in different occasions of India such as
Bangalore, Chennai, Mumbai & Pune. Therefore, these expenses went up. The
Assessing Officer did not accept the assessee's reason and held that the
turnover had gone up but the profit in absolute term had come down from
Rs.2,52,05,645/- to Rs.1,71,98,445/- and opined that no prudent man would
increase his business so as to get less profit. Therefore, the explanation of the
assessee was rejected and half of the above expenses we have heard both the
parties and perused the material available on record disallowed. Thus, over all
a sum of Rs.75,16,013/- was disallowed from the expenses and was added to
the total income of the assessee.