Income Tax Officer, Nalgonda V. M/s. Balaji Wines, Nalgonda District

ITA 1425/HYD/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 74639 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 30-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO. ASST . YEAR APPELLANT RESPONDENT 1 424 /HYD/201 3 200 7 - 0 8 INCOME - TAX OFFICER, WARD 1, NZAMABAD M/S. SRI BALAJI WINES, 5 - 83, KONDAMALLEPALLY, NALGONDA DIST. (PAN AAHFB 0637 R ) 1 425 /HYD/201 3 200 7 - 0 8 INCOME - TAX OFFICER, WARD 1, NIZAMABAD M/S. BALAJI WINES GODAKONDLA, MALL MANAL, NALGONDA DIST. ( PAN A INPD 4652 N) APPELLANT BY : SHRI JEEVAN LAL LAVIDIYA, DR RESPONDENTS BY : SHRI NONE DATE OF HEARING 2 6 .0 2 .201 4 DATE OF PRONOUNCEMENT 2 6 .0 2 .201 4 O R D E R PER SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER: TH ESE APPEALS BY THE REVENUE ARE DIRECTED AGAINST SIMILAR BUT SEPARATE ORDERS OF THE COMMISSIONER OF INCOME - TAX(APPEALS) VI, HYDERABAD BOTH DATED 12.7.2013 FOR THE ASSESSMENT YEAR 2007 - 08. SINCE A COMMON ISSUE IS INVOLVED IN ALL THESE APPEALS, THESE ARE BEING DISPOSED OF WITH THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2 . THE ONLY GRIEVANCE OF THE REVENUE IN THESE APPEALS, CONCERNING THE ASSESSEES ENGAGED IN THE BUSINESS OF RETAIL TRADE IN LIQUOR, IS WITH REGARD TO THE DIRECTION OF THE CIT( A) TO THE ASSESSING OFFICER TO DETERMINE THE PROFIT @ 5% OF THE COST OF THE GOODS SOLD. 3 . AT THE TIME OF HEARING, DESPITE NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE - RESPONDENTS. NOT EVEN AN ADJOURNMENT PETITION ITA NO . 1424 - 1425 / HYD/ 201 3 M/S. BALAJI WINES, KONDAMALLEPALLY, NALGONDA DIST. 2 HAS BEEN RECEIVED FROM THE ASSESSEE - R ESPONDENTS. HENCE, WE HAVE HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PROCEED TO DISPOSE OF THESE APPEALS EX - PARTE QUA THE ASSESSEE - RESPONDENTS. 4 . WE HAVE HEARD THE PARTIES PRESENT AND PERUSED THE MATERIAL ON RECORD IN THE LIGHT OF THE IMPUGNED ORDERS OF THE CIT(A) . WE FIND THAT THE ISSUE INVOLVED IN THE PRESENT APPEAL IS SQUARELY COVERED BY THE CONSISTENT VIEW TAKEN BY THE COORDINATE BENCHES OF THIS TRIBUNAL IN SIMILAR MATTERS, AS IN THE CASE OF ITO V/ S. SHRI PITTALA YAKAIAH, NALGONDA & ORS. IN ITA NO. 2191/HYD/2011 & ORS., WHEREIN THIS TRIBUNAL VIDE DATED 13 TH APRIL, 2012, HELD THAT INCOME OF THE ASSESSEES IN THE LINE OF LIQUOR BUSINESS HAS TO BE ESTIMATED AT 5% COST OF SALES MADE BY THEM. IN FACT, THE CIT(A) DIRECTED THE ASSESSING OF FICER TO DETERMINE THE PROFIT @ 5% OF THE COST OF THE GOODS SOLD RELYING ON THE ORDER OF THE TRIBUNAL IN THE CASE OF M/S. AMARAVATI WINE SHOP, IN ITA NO. 1196/HYD/2011 DATED 8.6.2012. SINCE THE IMPUGNED ORDER S OF THE CIT(A) ARE IN CONSONANCE WITH THE CON SISTENT VIEW TAKEN BY THE COORDINATE BENCHES OF THE TRIBUNAL IN SIMILAR MATTERS, WE DO NOT FIND ANY INFIRMITY IN THE IMPUGNED O RDER S OF THE CIT(A). WE ACCORDINGLY UPHOLD THE SAME, REJECTING THE GROUNDS OF THE REVENUE IN THESE APPEALS. 5 . IN THE RESULT, BO TH THE APPEAL S OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED AT THE CONCLUSION OF THE HEARING ON THE APPEALS ON 2 6 . 2 .201 4 . SD/ - SD/ - ( CHANDRA POOJARI ) ( ASHA VIJAYARAGHAVAN ) ACCOUNTANT MEMBER. JUDICIAL MEMBER. DT/ - 2 6 TH FEBRUARY, 2014 ITA NO . 1424 - 1425 / HYD/ 201 3 M/S. BALAJI WINES, KONDAMALLEPALLY, NALGONDA DIST. 3 COPY FORWARDED TO: 1. 2. 3. 4. 5. 6. M/S. SRI BALAJI WINES, 5 - 83, KONDAMALLEPALLY, NALGONDA DIST. M/S. BALAJI WINES, GODAKONDLA, MALL MANDAL, NALGONDA DIST. INCOME TAX OFFICER, WARD - 1. NALGONDA COMMISSIONER OF INCOME - TAX(APPEALS) VI , HYDERABAD COMMISSIONER OF INCOME - TAX V, HYDERABAD DEP ARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD B.V.S.