(1.) THE ITAT's order impugned in the present appeal by the revenue under Section 260A of the Income Tax Act, 1961 confirmed the order of the CIT(A). The A 0 had contrary to the assessee's case, rejected the books of account and assessed the income at Rs. 1,17,92,350/ -.
(2.) THE assessee was engaged in the construction business and claimed various expenses as well as credits. In the course of assessment, the A 0 issued notices under Section 133(6). The said parties did not respond. The amounts claimed against them were added and the A 0 proceeded to reject the books of accounts and apply the net profit rate of 5% of gross receipts. The CIT(Appeals), after considering the submissions of the parties held as follows :