Creative Enterprises, Tuni V. The Income Tax Officer, Ward-1, , Tuni

ITA 263/VIZ/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9466 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 08-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM SMC BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER ITA NO. 263 / VIZ /201 9 (ASST. YEAR : 200 8 - 0 9 ) M/S. CREATIVE ENTERPRISES, C/O P.N.G. NOOKA RAJU, D.NO. 8 - 2 - 35, MAIN ROAD, TUNI, EAST GODAVARI DISTRICT. V S . IT O , WARD - 1 , TUNI . PAN NO. AAEFG 8427 D (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI C. SUBRAHMANYAM, FC A. DEPARTMENT BY : SMT. U.MINI CHANDRAN , SR. DR DATE OF HEARING : 16 / 12 /201 9 . DATE OF PRONOUNCEMENT : 08 / 0 1 /20 20 . O R D E R TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 6 , HYDERABAD , DATED 18 /0 2 /201 9 FOR THE ASSESSMENT YEAR 200 8 - 0 9 . 2. THE ONLY ISSUE INVOLVED IN THIS APPEAL RE L A TES TO FIXED DEPOSIT OF RS. 4.00 LAKHS MADE IN THE CORPORATION BANK AND ALSO INTEREST OF RS. 20,750/ - . THE ASSESSEE NEITHER ESTABLISHED THE CREDITW O R TH INESS OF THE DONOR BEFORE THE ASSESSING OFFICER NOR BEFORE THE LD. CIT(A) AND ALSO NOT FILED ANY DETAILS BEFORE THEM . 3 . WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD.AR RELIED ON THE 2 ITA NO. 263/VIZ/201 ( M/S. CREATIVE ENTERPRISES ) GROUNDS OF APPEAL, WHEREAS LD.DR RELIED ON THE ORDERS OF THE AUTHORITIES BELOW . 4 . WE HAVE HEARD BOTH THE SIDES AND FIND THAT THE ASSESSEE IS NOT ABLE TO SUBSTANTIATE HIS CASE NEITHER BEFORE THE ASSESSING OFFICER NOT BEFORE THE LD. CIT(A). EVEN BEFORE US, ASSESSEE HAS NOT ESTABLISHED CREDITWORTHINESS OF THE CREDITOR TO THE EXTENT OF RS. 4.00 LAKHS AND INTEREST OF RS. 20,750/ - . THEREFORE, WE FIND NO REASON TO INTERFERE WITH THE ORDER OF THE LD. CIT(A). THUS, THIS APPEAL FILED BY THE ASSESSEE IS DISMISSED. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 8 T H DAY OF JAN. , 20 20 . S D / - ( V. DURGA RAO ) JUDICIAL MEMBER DATED : 0 8 T H JANUARY , 20 20 . VR/ - COPY TO: 1. THE ASSESSEE M/S. CREATIVE ENTERPRISES, C/O P.N.G. NOOKA RAJU, D.NO. 8 - 2 - 35, MAIN ROAD, TUNI, EAST GODAVARI DISTRICT. 2. THE REVENUE ITO, WARD - 1, TUNI. 3. THE PR. CIT - 2, VISAKHAPATNAM. 4. THE CIT(A) - 6, HYDERABAD. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.