The Patna High Court in this miscellaneous appeal dismissed the appeal filed by the Deputy Commissioner of Income Tax challenging an ITAT order that confirmed taxable business income at a flat rate of 8% for assessment year 2005-06.
Miscellaneous Appeal No.702 of 2010 is dismissed with no order as to costs.
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Patna High Court MA No.702 of 2010 (3) dt.28-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous 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 MISHRA ORAL 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.
Patna High Court MA No.702 of 2010 (3) dt.28-04-2015
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)
Jagdish/-
U
1 issue framed by the court
Whether the appeal challenging the ITAT's confirmation of taxable business income at a flat rate of 8% has any merit.
Colour shows how this judgement treated each authority
M/s Shyam Bihari Vs. CIT MuzaffarpurFollowed¶7
345 ITR, 283
Deputy Commissioner of Income Tax Circle 2, Muzaffarpur
M/S Salauddin, C/o- Nandlal Singh, H/o- Chhatradhari Bazar, P.O. Chapra, District – Saran
Ramesh Kumar Datta
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
