Deputy Commissioner Of Income Tax Circle 2,Muzaffarpur v. M/S Salauddin

IN THE HIGH COURT OF JUDICATURE AT PATNAMiscellaneous Appeal No.702 of 2010 ====================================================== Deputy Commissioner of Income Tax Circle 2,Muzaffarpur .... .... Appellant/s Versus M/S Salauddin, C/o- Nandlal Singh, H/o- Chhatradhari Bazar, P.O. Chapra, District – Saran. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Archana Sinha, Sr. S.C. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRAORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 3 28-04-2015 Heard learned counsel for the appellant. This appeal has been filed challenging the order dated 23.03.2010 passed by the Income Tax Appellate Tribunal, Patna Bench, Patna in ITA No. 158/Pat/2009 relating to the assessment year 2005-06 by which the Tribunal has confirmed the order of the CIT (Appeal) in which the application of flat rate of 8 per cent as taxable business income estimated by the Assessing Officer has been confirmed following the rulings of various High Courts including this Court and the A.O. was directed to allow depreciation as admissible from the resultant net profit, after verifying that the prescribed particulars had been furnished by the assessee, as stipulated in CBDT’s circular of 1965. Jagdish/- U The judgment of this court on the point in the case of M/s Shyam Bihari Vs. CIT Muzuffarpur has been reported in 345 ITR, 283. In the aforesaid view of the matter, following the earlier precedents of this Court, we do not find any merit in the appeal. It is, accordingly, dismissed. (Ramesh Kumar Datta, J) (Anjana Mishra, J)