THE ITO, WARD -1,, Bhimavaram V. Baliji China Appa Rao, Bhimavaram

CO 32/VIZ/2013

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 1555 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 7 month(s) 30 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 27-11-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-11-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 28-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 133(6)

Judgement Text

ITA NO.455/VIZAG/2012 & CO 32/VIZAG/2013 BALIJI CHINA APPA RAO, BHIMAVARAM 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . . . . , ,, , . . . . , , , , % % % % BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER . .. ./ // / I.T.A.NO.455/VIZAG/2012 ( / ASSESSMENT YEAR : 2009-10 ) ITO WARD-1 BHIMAVARAM VS. BALIJI CHINA APPA RAO BHIMAVARAM [ PAN: AFGPB0359C] (, , , , / APPELLANT) (-., -., -., -., / RESPONDENT ) C.O. NO.32/VIZAG/2013. (ARISING OUT OF I.T.A.NO.455/VIZAG/2012) ( / ASSESSMENT YEAR : 2009-10 ) BALIJI CHINA APPA RAO BHIMAVARAM ITO WARD-1 BHIMAVARAM VS. ITO WARD - 1 BHIMAVARAM (, , , , / APPELLANT) (-., -., -., -., / RESPONDENT ) , / / APPELLANT BY : SHRI M.N. MURTHY NAIK, DR -., / / RESPONDENT BY : SHRI C. SUBRAHMANYAM, AR / 3 / DATE OF HEARING : 30.09.2015 / 3 / DATE OF PRONOUNCEMENT : 27.11.2015 ITA NO.455/VIZAG/2012 & CO 32/VIZAG/2013 BALIJI CHINA APPA RAO, BHIMAVARAM 2 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL IS FILED BY THE REVENUE AND THE CROSS A PPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A), GUNTU R FOR THE ASSESSMENT YEAR 2009-10. 2. FACTS ARE IN BRIEF THAT ASSESSEE IS AN INDIVIDUA L AND CARRYING ON PADDY MILLING AND SALE IN THE FORM OF RICE, BROKEN- RICE, BRAN & ROUGH BRAN AND HUSK, ETC. THE ASSESSEES BUSINESS IS CAR RIED UNDER THE NAME AND STYLE OF SRI LAKSHMI NARAYANA FLOUR AND RICE M ILL. THE ASSESSEE FILED THE RETURN OF INCOME BY ADMITTING TOTAL INCOM E OF RS.2,73,997/-. THE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S 143(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER CALLED AS THE AC T) BY ASSESSING TOTAL INCOME OF RS.46,39,470/-. DURING THE COURSE OF THE ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER OBTAINED INFORMA TION U/S 133(6) OF THE ACT FROM THE AGRICULTURAL MARKET COMMITTEE AND AO NOTED VARIATION IN THE PURCHASE OF PADDY REPORTED BY THE ASSESSEE T O AGRICULTURAL MARKET COMMITTEE AND PURCHASES AS PER THE BOOKS OF ACCOUNT S SHOWN AS UNDER, PADDY PURCHASED AS ALLEGEDLY REPORTED BY THE ASSESS EE TO THE AGRICULTURAL MARKET COMMITTEE 50626.27 KGS. OF VALU E RS.4,07,43,699/-, PADDY PURCHASED AS PER THE BOOKS OF ACCOUNTS OF THE ASSESSEE ITA NO.455/VIZAG/2012 & CO 32/VIZAG/2013 BALIJI CHINA APPA RAO, BHIMAVARAM 3 54626.27KGS. OF VALUE RS.4,50,13,700/-. THE DIFFER ENCE 4000KGS. OF PADDY VALUE RS.42,70,001/-. THE ASSESSING OFFICER CONSIDERED THE ABOVE DIFFERENCE OF RS.42,70,001/- AS AN INFLATED PURCHAS E AND ADDITION WAS MADE. 3. AGGRIEVED, ASSESSEE CARRIED THE MATTER IN APPEAL BEFORE THE CIT(A). THE ASSESSEE HAS FILED A FINAL ASSESSMENT ORDER OBTAINED FROM AGRICULTURE MARKET COMMITTEE BEFORE THE CIT(A). TH E LD. CIT(A) AFTER EXAMINING THE FINAL ASSESSMENT ORDER PASSED BY THE AGRICULTURE MARKET COMMITTEE THAT AS PER THE ASSESSMENT MADE BY A.O. A ND THE FINAL PURCHASED THAT WERE DETERMINED BY AMC, NO DIFFERENC E ARISES TO THE PURCHASES REFLECTED IN THE BOOKS AND TO THE ONE FIN ALLY DETERMINED BY AMC. ACCORDINGLY, ADDITION MADE BY THE A.O. WAS DE LETED. 4. AGGRIEVED, REVENUE IS IN APPEAL BEFORE THE TRIBU NAL. 5. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE RECOR DS AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. THE O NLY DISPUTE BEFORE THE TRIBUNAL IS ADDITION OF RS.42,70,001/- IN RESPECT O F PURCHASES OF PADDY. THE AO HAS ARRIVED AT THE DIFFERENCE BASED ON BOOKS OF ACCOUNTS MAINTAINED BY THE ASSESSEE AND THE DETAILED PROVISI ONAL LIST SUBMITTED TO THE AMC. HOWEVER, THE CIT(A) BY CONSIDERING THE AS SESSMENT (SPEAKING) ORDER PASSED BY THE AMC BHIMAVARAM DATED 31.12.2011 ITA NO.455/VIZAG/2012 & CO 32/VIZAG/2013 BALIJI CHINA APPA RAO, BHIMAVARAM 4 WHICH IS AT PAGE 6 OF THE PAPER BOOK, HE GAVE A CAT EGORICAL FINDING THAT THERE IS NO DIFFERENCE BETWEEN THE ASSESSMENT ORDER PASSED BY THE AMC AND BOOKS OF ACCOUNTS OF THE ASSESSEE AND ACCORDING LY ADDITION WAS DELETED. WE FIND NO INFIRMITY IN THE ORDER PASSED BY THE LD. COMMISSIONER. 6. SO FAR AS CROSS APPEAL FILED BY THE ASSESSEE IT IS ONLY SUPPORTIVE TO THE ORDER PASSED BY THE LD. COMMISSIONER AND IN VIE W OF OUR ORDER UPHOLDING THE ORDER OF LD. CIT(A), THE CROSS OBJECT ION CANNOT SURVIVE AND THE SAME IS DISMISSED. 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AND THE CO FILED BY THE ASSESSEE IS DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 27 TH NOV15. SD/- SD/- ( (( ( . . . . ) ( ) ( ) ( ) ( . .. . ) )) ) ( (( ( G. MANJUNATHA) ( (( ( V. DURGA RAO ) )) ) / // / ACCOUNTANT MEMBER / // / JUDICIAL MEMBER /VISAKHAPATNAM: 6 / DATED : 27.11.2015 VG/SPS ITA NO.455/VIZAG/2012 & CO 32/VIZAG/2013 BALIJI CHINA APPA RAO, BHIMAVARAM 5 / - 7 / COPY OF THE ORDER FORWARDED TO :8 1. , / THE APPELLANT THE ITO WARD-1, BHIMAVARAM 2. -., / THE RESPONDENT SRI BALIJI CHINA APPA RAO, D.NO.19-15-1, SP STREET, BHIMAVARAM-534201. 3. THE ACIT, ELURU 4. THE CIT, RAJAHMUNDRY 5. : / THE CIT, GUNTUR 6. : () / THE CIT(A), GUNTUR 7. -, , / // / DR, ITAT, VISAKHAPATNAM 8 . . . . / GUARD FILE / BY ORDER // TRUE COPY // @A ( SR.PRIVATE SECRETARY ) , / // / ITAT, VISAKHAPATNAM