Arun Kumar Etta, Hyderabad V. Income Tax Officer, Ward-15(3), Hyderabad

ITA 2259/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4045 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 13-05-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 28-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: CHAITANYA KUMAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 2257/HYD/17 2014-15 KHAJARAO CHADARAJUPALLI, PROP: BHAVANI SAI RAJYA LAKSHMI ELECTRONICS, HYDERABAD [PAN: AFQPC2666H] INCOME TAX OFFICER, WARD-15(3), HYDERABAD 2258/HYD/17 2012-13 ARUN KUMAR ETTA, PROP: KARTHIKA TRADERS, HYDERABAD [PAN: AAHPE9051G] INCOME TAX OFFICER, WARD-15(4), HYDERABAD 2259/HYD/17 2014-15 INCOME TAX OFFICER, WARD-15(3), HYDERABAD FOR ASSESSEE : SHRI CHAITANYA KUMAR, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 12-05-2021 (ITA NO.2257/H/17) 13-05-2021 (ITA NO.2258 & 2259/H/17) DATE OF PRONOUNCEMENT : 28-05-2021 O R D E R PER S.S.GODARA, J.M. : THESE ASSESSEES APPEALS FOR AYS.2014-15 IN FIRST AN D THIRD AND AY.2012-13 IN SECOND INSTANCE ARISE AGAINS T CIT(A)- 7, HYDERABADS ORDERS; ALL DATED 22-06-2017 PASSED I N CASE NOS.493, 189 & 496/CIT(A)-7/2016-17, 2015-16; INVOL VING PROCEEDINGS U/S143(3) IN FIRST AND LAST AND 143(3) R. W.S.144 OF ITA NOS. 2257, 2258 & 2259 /HYD/2017 :- 2 -: THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT] IN SECOND CASE; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THESE TWIN ASSESSEES APPEALS ITA NOS.2257 & 2259/HYD/2017 SUFFER FROM ID ENTICAL 34 DAYS DELAY STATED TO BE ATTRIBUTABLE TO THE REASON(S) BEYOND THEIR CONTROL AS PER CONDONATION PETITIONS/AFFIDAVITS. NO REBUTTAL THERETO COME FROM THE DEPARTMENTAL SIDE. THE IMPUGNED IDENTICAL DELAY IS CONDONED THEREFORE. 3. IT EMERGES AT THE OUTSET THAT THE ASSESSEES IDENTICAL SOLE SUBSTANTIVE GRIEVANCE RAISED IN ALL THE THREE INSTANT CA SES CHALLENGES CORRECTNESS OF THE CIT(A)S ACTION DIRECTIN G THE ASSESSING OFFICER TO ESTIMATE THEIR INCOME(S) @1.5% OF THE TURNOVER IN ELECTRONIC GOODS TRADING BUSINESS. 4. AFTER GIVING OUR THOUGHTFUL CONSIDERATION TO THE RIVAL PLEADINGS AGAINST AND IN SUPPORT OF THE IMPUGNED ESTIMA TION @1.5%, WE NOTICE THAT THE ASSESSING OFFICER HAD ASSESSE D THE SAME @8% AFTER REJECTING THE CORRESPONDING BOOKS OF AC COUNTS. THE CIT(A) HAS THEREAFTER TAKEN INTO CONSIDERATION THE ASSESSING OFFICERS REMAND REPORT WHERE IN THE GP WAS ESTIMATED BETWEEN 0.6% TO 2.2% AS PER THE RESPECTIVE ST AND(S) ADOPTED AT THESE TAXPAYERS BEHEST. IT IS THEREFORE CLEAR THAT THE LEARNED CIT(A) HAS ALREADY GRANTED SUFFICIENT REL IEF WHILST RESTRICTING THE ASSESSING OFFICERS 8% INCOME ESTIMATIO N TO 1.5% ONLY WHICH NEITHER SUFFERS ANY ILLEGALITY OR I RREGULARITY; AS THE CASE MAY BE. THE SAME IS UPHELD THEREFORE IN ALL THREE ITA NOS. 2257, 2258 & 2259 /HYD/2017 :- 3 -: CASES. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. 5. THESE ASSESSEES APPEALS ARE DISMISSED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH MAY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 28-05-2021 TNMM ITA NOS. 2257, 2258 & 2259 /HYD/2017 :- 4 -: COPY TO : 1.KHAJARAO CHADARAJUPALLI, C/O.SHRI T.CHAITANYA KUM AR, ADVOCATE, FLAT NO. 102, GOURI APARTMENTS, URDU LANE , HIMAYATNAGAR, HYDERABAD. 2.ARUN KUMAR ETTA, C/O.SHRI T.CHAITANYA KUMAR, ADVOCATE, FLAT NO. 102, GOURI APARTMENTS, URDU LANE , HIMAYATNAGAR, HYDERABAD. 3.THE INCOME TAX OFFICER, WARD-15(3), HYDERABAD. 4.THE INCOME TAX OFFICER, WARD-15(4), HYDERABAD. 5.CIT(APPEALS)-7, HYDERABAD. 6.PR.CIT-7, HYDERABAD. 7.D.R. ITAT, HYDERABAD. 8.GUARD FILE.