DCIT v. IHR Associates. (2018) 61 ITR 70 (Chd) (Trib)

S. 37(1): Business expenditure — Civil contractor — Purchases- No defects was found in the books of account – No disallowance can be made [ S. 145 ]

Tribunal held that ; the assessee had done major works for the Government departments and they confirmed the authenticity of the work. The assessee continuously declared a net profit in the range of 1.71 per cent. to 4.65 per cent. and the disallowance made by the Assessing Officer if accepted would increase the net profit to the tune of 25.15 per cent. which was abnormal. The suppliers of these goods had no permanent place for carrying on the business. There were no defects in the books of account of the assessee. The disallowance confirmed by the CIT(A) of Rs. 15 lakhs was to be reduced to Rs. 5 lakhs. ( AY. 2011-12)