Deputy Commissioner Of Income Tax, Circle-2, Muzaffarpur v. M/S Shyam Bihari, Bhagwanpur

IN THE HIGH COURT OF JUDICATURE AT PATNAMiscellaneous Appeal No.250 of 2010 ====================================================== DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, MUZAFFARPUR .... .... Appellant/Respondent Versus M/S SHYAM BIHARI, BHAGWANPUR, PAN NO. AAWFS-1254 N, CIRCLE-2, MUZAFFARPUR .... .... Respondent/Appellant ====================================================== Appearance : For the Appellant/s : Mr. Harshwardhan Singh, S,S.C. : Mr. R.R.Sinha, J.S.C. : Mr. Uttam Kumar Mishra, Adv. For the Respondent/s : Mr. D.V. Pathy, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGHand HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH) 8. 13-04-2012 Heard learned counsel for the parties. On behalf of revenue, the appellant, it has been submitted that instead of discussing the facts and circumstances of the assessee’s case for reducing net profit from the rate of 8% to 6%, the Tribunal has in paragraph 9 of its order has referred to case of another contractor and only on account of finding that both the cases are similar has determined net profit rate at the rate of 6% in case of this assessee also. Consistency in judicial pronouncements cannot be looked at with suspicion. The finding given by the Tribunal is that both the contractors were similarly situated and thus it is on facts that the Tribunal has determined net profit rate of 6% subject to deduction of depreciation. We do not find any substantial question of law for determination in this appeal. It is accordingly dismissed. (Shiva Kirti Singh, J) Fahad./- (Vikash Jain, J)