Income-tax Officer, Ward-2, Warangal V. Sri Sriram Bharath, Wines, Warangal

ITA 1557/HYD/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 1335 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 09-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K E SUNIL BABU

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.1557/HYD/2012 (ASSESSMENT YEAR 2009-10) INCOME TAX OFFICER, WARD 3, WARANGAL. V/S SHRI SRIRAM BHARATH, WARANGAL. (PAN AEVPS 5522 J ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.E.SUNIL BABU RESPONDENT BY : NONE DATE OF HEARING 17.01.2013 DATE OF PRONOUNCEMENT 22.02.2013 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 HYDERABA D DATED 13.7.2012, 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 OFFICE R TO DETERMINE THE PROFIT OF THE ASSESSEE FROM LIQUOR BUSINESS @ 5% OF THE C OST OF THE GOODS SOLD. 3. AT THE TIME OF HEARING ON 17.1.2013, NONE APPEARED ON BEHALF OF THE RESPONDENT-ASSESSEE, DESPITE SERVICE OF NOTI CE ON THE ADDRESS AVAILABLE ON RECORD. THERE IS NOT EVEN AN ADJOURNM ENT PETITION FROM THE ASSESSEE-RESPONDENT. HENCE, WE HEARD THE APPEAL EX -PARTE-QUA THE ASSESSEE- AND PROCEED TO DISPOSE OF THIS APPEAL ON MERITS. ITA NO.1557/HYD/ 12 SHRI SRIRAM BHARATH, WARANGAL. 2 4. WE HAVE HEARD THE LEARNED DEPARTMENTAL REPRE SENTATIVE AND PERUSED THE IMPUGNED ORDERS OF THE REVENUE AUTHORIT IES AND OTHER MATERIAL ON RECORD. WE FIND THAT THE ISSUE INVOLVE D 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 VS. M/S. PITTALA YAKAIAH, NALGONDA & ORS., IN ITA NO. 2191/H YD/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% OF SALES MADE BY THEM. IN FACT, THE CIT(A) DIRECTED THE ASS ESSING OFFICER 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 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. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE COURT ON 22 .02.2013 SD/ - (ASHA VIJAYARAGHAVAN ) SD/ - (CHANDRA POOJARI) JUDICIAL MEMBER. ACCOUNTANT MEMBER. DT/- 22 ND FEBRUARY, 2013 COPY FORWARDED TO: 1. SHRI SRIRAM BHARATH, WINES, 16 - 4 - 06, FORT ROAD, WARANGAL. 2. INCOME TAX OFFICER WARD 3, WARANGAL 3. 4. 5. COMMISSIONER OF INCOME-TAX(APPEALS) VI, HYDERABAD COMMISSIONER OF INCOME-TAX V, HYDERABAD THE DEPARTMENTAL REPRESENTATIVE, ITAT HYDERABAD B.V.S.