Assessee, a joint venture, was formed for purpose to bid and execute construction work. It declared net profit at rate of 1 per cent of contractual receipts. Assessing rejected book results and estimated net profit at rate of 4 per cent of total contractual receipts. Commissioner (Appeals) dismissed appeal on ground that assessee did not pursue its appeal before him. Tribunal remanded back to CIT(A) to decide on merits. AY. 2017-18)
Gammon-SPSCPL JV. v. ACIT (2024) 209 ITD 400 (Mum.)(Trib.)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Method of accounting-Construction work-Rejection of books of account-AO estimated net profit at rate of 4 per cent of total contractual receipts as against 1 per cent-CIT(A) dismissed the appeal ex parte-Matter is remanded back to Commissioner (Appeals) to decide issue on merit. [S. 145]