Itta/102/2015 Of The Commissioner Of The Income Tax(Central) v. M/S Maa High Ways

THE HON’BLE SRI JUSTICE G. CHANDRAIAHANDTHE HON’BLE SRI JUSTICE CHALLA KODANDA RAMI.T.T.A. Nos. 102 and 108 of 2015 COMMON ORDER:- (per Hon’ble Sri Justice Challa KodandaRam) These appeals, at the instance of Revenue, are filedagainst the order of the Tribunal dated 30.07.2013 in I.T.A.No.747/Hyd/2009 for the Assessment Year 2006-07. Thesubject matter of these appeals as well as the questions of lawbeing identical, they are heard together and are beingdisposed of by this common order. The substantial questionsof law read as under: “i) Whether the ITAT was justified in directingto estimate the profit on contract at 5% asagainst 12.5% assessed by the AssessingOfficer? ii) Whether the ITAT was justified in directingthe AO to estimate the income at 5% when onsimilar fact in the case of Krishna MohanConstruction the ITAT had estimated theincome of the assessee at 12.5% lessdepreciation? iii) Whether the order of the ITAT is notperverse since in the case of TejaConstructions which was referred to in theorder passed by ITAT in the case ofMadhucon Projects Ltd., the ITAT hadestimated the income of a sub-contractor @8%?” 2. The Tribunal followed the order in Madhucon GranitesLimited, wherein, considering the fact that the main contractoris assessed to tax at 8% and the respondent being only a sub-contractor to the main contractor, has fixed the estimatedincome at 5%. As the same is an accepted norm over theperiod and there being no other material before this Court totake a different view, we do not find any question of law assuch to be decided in this appeal. 3. The appeals are, accordingly, dismissed. No costs. Miscellaneous petitions, if any pending in these appeals, shallstand closed. ______________________ G. CHANDRAIAH, J 30[th] July, 2015 ksm _____________________________CHALLA KODANDA RAM, J THE HON’BLE SRI JUSTICE G. CHANDRAIAHAND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM ksm I.T.T.A. Nos. 102 and 108 of 2015 30[th] July, 2015