Income-tax Officer, Suryapet V. Sri Konatham Shivashankar, Nalgonda

ITA 1304/HYD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66508 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2012
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 03-09-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: VIDISHA KALRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITANOS. ASST. YEARS APPELLANT RESPONDENT 1301/H/12 2008-09 ITO, SURYAPET. SRI KOPPULA NARSI REDDY, PROP. M/S SRI DURGA WINES, CHOUTUPPAL. PAN:ARWPK7795B 1302/HYD/12 2008-09 -DO- SRI K. LAXMA REDDY, M/S. SRI SAI WINES, YADAGIRIGUTTA. PAN: AMRPK7977M 1303/HYD/12 -DO- -DO- SRI D. SRINIVASULU, M/S LAXMI WINES, BHONGIRI. PAN:BHEPS5321N 1304/HYD/12 -DO- -DO- SRI K. SIVA KUMAR, PROP. BALAJI WINES, POCHAMPALLY. PANAPSPK5531M 1305/HYD/12 -DO- -DO- SRI P. CHANDRASEKHAR, PROP. MOON LIGHT WINES, CHOUTUPPAL. PAN:AKGPP5533M 1306/HYD/12 -DO- -DO- SRI SEETHARAM BABU G.PROP. MADHURI WINES, NALGONDA. PAN:AJSHGS6254N 1307/H/12 -DO- -DO- SRI M. MAHENDER REDDY, PROP. SREE SAI WINES, CHOUTUPPAL. PAN:ANFPM6559E 1342/HYD/12 -DO- ITO, NALGONDA. M/S. SINDHURA WINES, DARGAMITTA, NELLORE. PAN:AACAS5751P APPELLANT BY : SMT. VIDISHA KALRA (DR) RESPONDENTS BY : NONE DATE OF HEARING : 04-12-2012 DATE OF PRONOUNCEMENT : 04- 12-2012 2 ITA NOS.1301 TO 1307 AND OTHERS M/S. DURGA WINES OF CHOUTUPPL & OTHERS. ORDER PER BENCH: ALL THE ABOVE APPEALS BY THE REVENUE ARE DIRECTE D AGAINST DIFFERENT ORDERS OF THE CIT (A), HYDERABAD FOR THE ASSESSMENT YEARS 2008-09. SINCE THE ISSUE INVOLVED IN ALL THESE APP EALS IS COMMON IN NATURE, THEY ARE CLUBBED TOGETHER, HEARD TOGETHER A ND ARE BEING DISPOSED OF BY THIS COMBINED ORDER, FOR THE SAKE OF CONVENIENCE. 2. THE DISPUTE IN THESE APPEALS IS WITH REGARD TO T HE DIRECTION OF THE CIT (A) TO ESTIMATE INCOME OF ASSESSES AT 3% AS AGAINST 27 % OF THE STOCK PUT TO SALE BY THE AO. IT IS NEEDLESS TO SAY THAT THERE IS NO D ISPUTE REGARDING THE SALES FIGURE DETERMINED BY THE ASSESSING OFFICER AND THE S ALES TO BE CONSIDERED AS SAME FIGURE. 3. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E AND PERUSED THE MATERIAL ON RECORD. IN OUR OPINION, SIMILAR ISSUE CAME FOR CONSIDERATION BEFORE THIS TRIBUNAL IN THE CASE OF ITO VS. M/S PITTALA YA KAIAH, NALGONDA & ORS., IN ITA NO.2191/HYD/2011 AND OTHERS, ORDER DATED 13 TH APRIL, 2012, WHEREIN THE TRIBUNAL HELD THAT INCOME OF THE ASSESSES IN THIS L INE OF BUSINESS HAS TO BE ESTIMATED AT 5% OF SALES MADE BY THE ASSESSES. ACCOR DINGLY, WE DIRECT THE AO TO ESTIMATE THE INCOME AT 5% OF SALES MADE BY THE ASSE SSES AS INCOME FOR THESE ASSESSEES ALSO. 4. IN THE RESULT, ALL THE APPEALS OF THE REVENUE AR E PARTLY ALLOWED. ORDER PRONOUNCED IN THE COURT ON 04-12-2012. SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER SD/- (SAKTIJIT DEY) JUDICIAL MEMBER HYDERABAD, DATED THE 4 TH DECEMBER, 2012. 3 ITA NOS.1301 TO 1307 AND OTHERS M/S. DURGA WINES OF CHOUTUPPL & OTHERS. COPY TO:- 1) ITO, SURYAPET,NALGONDA & NELLORE. 2) ALL ASSESSEE-RESPONDENTS AS MENTIONED IN THE CAU SE TITLE ( EIGHT DIFFERENT ASSESSES) 3. CIT (A)-VI, HYDERABAD. 4.THE CIT CONCERNED, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABA D. JMR*