Income tax Officer, Suryapet V. Sri Bommagani Veeranna,

ITA 1538/HYD/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 1460 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 08-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MALLIKARJUN
• Assessee Lawyers: P VINOD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO.1538/HYD/2012 : ASSESSMENT YEAR 2009-10 INCOME - TAX OFFICER, SURYAPET V/S SHRI BOMMAGA N I VEERANNA, BANDARAMARAM VILL, TUNGATHURTHY (MANDAL), NALGONDA DIST. ( PAN - AJQPB 1897 H ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MALLIKARJUN RESPONDENT BY : SHRI P.VINOD DATE OF HEARING 24 .01.2013 DATE OF PRONOUNCEMENT 2 4 .01.2013 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS) VI, HYDERAB AD DATED 20.7.2012, FOR THE ASSESSMENT YEAR 2009-10. 2. THE GRIEVANCE OF THE REVENUE IN THIS APPEAL IS WITH REGARD TO THE DIRECTION OF THE CIT(A) TO THE ASSESSING OFF ICER TO DETERMINE THE PROFIT @ 5% OF THE COST OF THE GOODS SOLD. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MAT ERIAL ON RECORD. WE FIND THAT THE ISSUE INVOLVED IN TH E PRESENT APPEAL IS SQUARELY COVERED BY THE CONSISTENT VIEW TAKEN BY TH E COORDINATE BENCHES OF THIS TRIBUNAL IN SIMILAR MATTERS, AS IN THE CASE OF ITO VS. M/S. PITTALA YAKAIAH, NALGONDA & ORS., IN ITA NO. 2191/HYD/2011 & ORS., WHEREIN THIS ITA NO.1538/HYD/2013 SHRI BOMMAGANI VEERANNA, BANDARAMARAM TUNGATHURTHY (MANDAL), NALGONDA DIST. 2 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% OF SALES MADE BY THEM. IN FACT, THE CIT(A) DIRECTED THE ASSESSING O FFICER TO DETERMINE THE PROFIT @ 5% OF THE COST OF THE GOODS SOLD RELYING O N THE ORDER OF THE TRIBUNAL IN THE CASE OF M/S. AMARAVATI WINE SHOP, I N ITA NO. 1196/HYD/2011 DATED 8.6.2012. SINCE THE IMPUGNED O RDER OF THE CIT(A) IS IN CONSONANCE WITH THE CONSISTENT VIEW TAKEN BY THE COORDINATE BENCHES OF THE TRIBUNAL IN SIMILAR MATTERS, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE CIT(A). IT IS ACCORDINGLY CONFIRM ED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JANUARY, 2013. SD/- SD/- (SAKTIJIT DEY) ( CHANDRA POOJARI ) JUDICIAL MEMBER. ACCOUNTANT MEMBER. DT/- 24 TH JANUARY, 2013 COPY FORWARDED TO: 1. 2. 3 4. 5. SHRI BOMMAGA N I VEERANNA, BANDARAMARAM VILL, TUNGATHURTHY (MANDAL), NALGONDA DIST. INCOME TAX OFFICER, SURYAPET, COMMISSIONER OF INCOME-TAX(APPEALS) VI COMMISSIONER OF INCOME-TAX V, HYDERABAD DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD B.V.S.