Asst. Commissioner Of Income Tax, Circle-Ii, Muzaffarpur v. M/S Ram Binod Singh, Bhagwanpur Chatti, Muzaffarpur

IN THE HIGH COURT OF JUDICATURE AT PATNAMiscellaneous Appeal No.295 of 2008 ====================================================== 1.Commissioner of Income Tax, Muzaffarpur 2.Asst. Commissioner of Income Tax, Circle-II, Muzaffarpur .... Assessing Officer/Appellants Versus M/s Ram Binod Singh, Bhagwanpur Chatti, Muzaffarpur .... Assessee/Respondent ====================================================== Appearance: For the Appellants : Mr. Rishi Raj Sinha, Sr. Standing Counsel : Ms. Archana Prasad, Jr. Standing Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE DR. JUSTICE RAVI RANJANORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 5 02-12-2014 Heard learned counsel for the appellants. The appeal has been filed challenging the order dated 04.01.2008 passed by the Income Tax Appellate Tribunal, Patna in ITA No.108/Pat/07 with respect to assessment year 2003-04, by which the order of the CIT (Appeal) holding that 6% net profit rate on contractual receipt is reasonable has been upheld. It is not in dispute that against the same impugned order of the CIT (Appeal) the respondent-assessee had filed an appeal before the Income Tax Appellate Tribunal, Patna being ITA No.124/Pat/07, which was dismissed by the Tribunal by its order dated 27.07.2007 finding the rate of 6% as net profit as applied by the CIT (Appeal) on gross contractual receipt as reasonable and not to be interfered with. It is evident that the appeal of the Revenue against the same very order could not have led to any different result when the rate of 6% net profit has already been upheld and, therefore, the appeal was rightly rejected by the Tribunal. We, thus, see no reason to interfere. The appeal is, accordingly, dismissed. (Ramesh Kumar Datta, J) S.C./ Sanjay-II/- (Dr. Ravi Ranjan, J) U