Mayuri Restaurant and Bar, Hyderabad V. Income Tax Officer, Ward-9(4), Hyderabad

ITA 1763/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6569 (ITAT-HYDERABAD)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 26-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Keywords: Unexplained cash credit
• Section: 142(1); 131; 144

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 1763/HYD/2017 ASSESSMENT YEAR: 2013-14 M/S MAYURI RESTAURANT & BAR, HYDERABAD. PAN AAMFM 3120H VS. INCOME-TAX OFFICER, WARD 9(4), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SMT. N. SWAPNA DATE OF HEARING : 02-07-2018 DATE OF PRONOUNCEMENT : 11-07-2018 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF DATED 26/07/2017 OF CIT(A) 7, HYDERABAD, FOR AY 2 013-14. 2. WHEN THE APPEAL CAME FOR HEARING TODAY I.E. ON 02/07/2018, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR THERE IS A REQUEST FOR ADJOURNMENT OF THE CASE. ASSESSEE HAS NOT RECTIFIED THE DEFECTS POINTED OUT BY THE REGISTRY ON 27/10/2017. NORMALLY , DEFECTS SHOULD BE RECTIFIED WITHIN 15 DAYS OF ISSUE OF DEFECT MEMO . THE CASE WAS POSTED ON 09/04/2018 FOR RECTIFICATION AND EVEN EXT ENDED THE TIME FOR RECTIFICATION. ASSESSEE HAS NOT RECTIFIED NOR TAKEN STEPS TO REPRESENT THE CASE BEFORE THE BENCH. IN THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECU TING ITS APPEAL. IT HAS BEEN HELD BY THE HONBLE SUPREME COURT IN THE CASE OF B.N. BHTTACHARGEE & ANR., 118 ITR 461 THAT APPEAL DOES NOT MEAN ONLY FILING OF MEMO OF APPEAL BUT ALSO PURSUING I T EFFECTIVELY. IN CASES WHERE THE ASSESSEE DOES NOT WANT TO PURSUE TH E APPEAL, COURT/TRIBUNAL HAVE INHERENT POWER TO DISMISS THE A PPEAL FOR NON- 2 ITA NO. 1763 /HYD/2017 MAYURI RESTAURANT AND BAR, HYD. PROSECUTION AS HELD BY HONBLE HIGH COURT OF MUMBAI IN THE CASE OF M/S CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEAL NO . 62 OF 2009. THEREFORE, RESPECTFULLY FOLLOWING THE DECISION OF T HE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LTD., (38 ITD 320) AND MA DHYA PRADESH HIGH COURT IN LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DI SMISS THIS APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. 3. EVEN ON MERITS, IT IS OBSERVED THAT THE ASSESS EE IS A FIRM DERIVING INCOME FROM BUSINESS OF BAR AND RESTAURANT. IT FILE D ITS RETURN OF INCOME FOR A.Y.2013-14 ON 27.09.2013 DECLARING TOTA L INCOME OF RS.2,89,490/-. THE CASE WAS SELECTED FOR SCRUTINY U NDER CASS AND NOTICE U/S 143(2) AND 142(1) OF THE ACT WERE ISSUED AND SERVED ON THE ASSESSEE. SINCE THE ASSESSEE DID NOT RESPOND TO THE SE NOTICES, SUMMONS U/S 131 OF THE ACT DT. 15.02.2016 AND SHOW CAUSE NOTICE DT. 10.03.2016 WERE ISSUED TO THE PARTNERS SRI G.RAMANA REDDY AND SRI G.RAM REDDY TO ATTEND PERSONALLY AND FURNISH THE IN FORMATION,. SINCE THERE WAS NO COMPLIANCE, THE ASSESSMENT WAS COMPLET ED U/S 144 OF THE ACT ESTIMATING INCOME FROM BUSINESS @ 10% WHICH WORKS OUT TO RS. 29,59,048/- AND UNEXPLAINED CASH CREDITS IN ICI CI BANK AT RS. 50,85,915/- DETERMINING TOTAL INCOME AT RS. 80,44,9 63/-. ON APPEAL, THE CIT(A) CONFIRMED THE ORDER OF AO BY OBSERVING T HAT NO EVIDENCE WAS LED TO PROVE THE SOURCE OF CASH DEPOSITS IN THE BANK ACCOUNTS AND MERE AVERMENT WITHOUT ANY EVIDENCE WILL NOT ABS OLVE THE ASSESSEE FROM THE TAX LIABILITY. NO BOOKS OF ACCOUN T INCLUDING CASH BOOK WERE PRODUCED BEFORE THE UNDERSIGNED AND BEFOR E THE AO IN SUPPORT OF HIS CONTENTION. 4. SINCE, THERE IS NO REPRESENTATION FROM THE ASSESSEE AND THE FINDINGS OF THE CIT(A) ARE UNCONTROVERTED, WE UPHO LD THE ORDER OF CIT(A) AND DISMISS THE APPEAL OF THE ASSESSEE. 3 ITA NO. 1763 /HYD/2017 MAYURI RESTAURANT AND BAR, HYD. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 11 TH JULY, 2018. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN ) JUDICIAL MEMBER A CCOUNTANT MEMBER HYDERABAD, DATED: 11 TH JULY, 2018. KV COPY TO:- 1) M/S MAYURI RESTAURANT & BAR, H.NO. 4-12-61, HUDA SAI NAGAR, HYDERABAD. 2) ITO, WARD 9(4), HYD. 3) CIT(A) 7, HYDERABAD. 4) PR. CIT 7, HYD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD. 6) GUARD FILE