Beerella Govinda Rajulu, Guntur V. Income Tax officer, Ward-1, , Narasaraopet

ITA 419/VIZ/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9472 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 08-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Keywords: Unexplained investment; Revised return
• Section: 133A; 147; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER ITA NO. 418 / VIZ /201 8 (ASST. YEAR : 20 11 - 12 ) BOLLEPALLI VENKATA RAO, D.NO. 23 - 966, VISHNUKUNDI NAGAR, VINUKOND A (POST), GUNTUR. PAN NO. AIQPR 9318 G VS. IT O , WARD - 1, NARASARAOPET . ITA NO. 419 & 420 / VIZ /201 8 (ASST. YEAR : 20 11 - 12 & 2012 - 13 ) BEERELLA GOVINDA RAJULU, D.NO. 23 - 966, VISHNUKUNDI NAGAR, VINUKONDA (POST), GUNTUR. PAN NO. ASPPB 6216 Q IT O , WARD - 1, NARASARAOPET . (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADV OCATE . DEPARTMENT BY : SMT. SUMAN MALIK SR. DR DATE OF HEARING : 01 / 0 7 /201 9 . DATE OF PRONOUNCEMENT : 04 / 0 7 /201 9 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER THESE APPEAL S BY THE DIFFERENCE ASSESSEE S ARE DIRECTED AGAINST THE SEPARATE ORDER S OF COMMISSIONER OF INCOME TAX (APPEALS) - 1 , GUNTUR , ALL DATED 0 8 /0 6 /201 8 FOR THE ASSESSMENT 2 ITA NO S . 418 - 420 /VIZ/2018 ( BOLLEPALLI VENKATA RAO & O THER S ) YEAR S 20 11 - 12 , 20 11 - 12 & 20 12 - 13 RESPECTIVELY . SINCE FACTS AND ISSUES ARE COMMON, CLUBBED AND HEARD TOGETHER AND DISPOSED OF BY WAY OF THIS CONSOLIDATED ORDER . 2. FACTS IN ITA NO. 418/VIZ/2018 , IN BRIEF, ARE THAT THE ASSESSEE IS AN INDIVIDUAL , CARRYING ON BUSINESS OF CENTRING AND ROD BENDING WORK . A SURVEY OPERATION U/SEC. 133A WAS CONDUCTED ON 27/ 0 8/2015 IN THE CASE OF VASIREDDY HANUMANTHA RAO , VINUKONDA . DURING THE SURVEY, IT WAS REVEALED THAT ASSESSEE WAS INVOLVED IN REAL ESTATE BUSINESS/TRANSACTION WITH VASIREDDY HANUMANTHA RAO . CONSIDERING THE MATERIAL FACTS GATHERED FROM THE PREMISES OF VASIREDDY HANUMANTHA RAO AND ALSO AFTER OBTAINING DATA FROM SRO, VINUKONDA , THE ASSESSING OFFICER NOTICED THAT THE ASSESSEES INDULGENCE IN REAL ESTATE ACTIVITIES A N D NO RETUR N S OF INCOME FILED. HENCE, CASE WAS REOPENED U/SEC. 147 BY ISSUING PROPER NOTICES . THE ASSESSEE FILED A REVISED RETURN ON 25/01/2016 ADMITTING NET INCOME AT RS. 5,19,270/ - UNDER THE HEADS SALARIES, BUSINESS & INCOME FROM OTHER SOURCES . DURING THE COURSE OF ASSESSMENT PROCEEDINGS , THE ASSESSING OFFICER HAS OBSERVED THAT THE ASSESSEE HAS INVESTED AN AMOUNT OF RS. 12,86,033/ - IN PURCHASE OF IMMOVABLE PROPERTIES , HENCE, ASSESSEE WAS ASKED EXPLANATION. IT WAS SUBMITTED INITIALLY BEFORE THE ASSESSING OFFICER THAT SOURCE FOR THE INVESTMENTS WAS FROM HIS 3 ITA NO S . 418 - 420 /VIZ/2018 ( BOLLEPALLI VENKATA RAO & O THER S ) HUF, AGRICULTURAL INCOME AND SAVINGS . ACCORDINGLY THE ASSESSING OFFICER ASKED THE ASSESSEE TO PRODUCE THE HUF RETURN AND THE RELEVANT MATERIAL FOR VERIFICATION . THE ASSESSEE HAS NOT FILED ANY DETAILS AND VOLUNTARILY AGREED FOR ADDITION OF RS.12,86,033/ - AS UNEXPLAINED INVESTMENT IN THE PURCHASE OF IMMOVABLE PROPERTIES . ACCORDINGLY, THE ASSESSING OFFICER HAS ACCEPTED THE SAME AND ASSESSMENT IS COMPLETED BY ADDING RS.12,86,033/ - AS ASSESSEES INCOME. 3 . ON APPEAL, LD. CIT(A) CONFIRMED THE ORDER OF THE ASSESSING OFFICER. 4 . BEFORE US, LD. COUNSEL FOR THE ASSESSEE IS NOT ABLE TO POINT OUT ANY MISTAKE OR VIOLATION COMMITTED BY THE LD. CIT(A) WHILE DISMISSING THE APPEAL OF THE ASSESSEE. WE FIND THAT THE ASSESSEE HIMSELF ACCEPTED FOR ADDITION BEFORE THE ASSESSING OFFICER, THEREFORE ADDITION WAS MADE. BEFORE THE LD. C IT(A) AND EVEN BEFORE US THE ASSESSEE HAS NOT EXPLAINED THE SOURCE OF INVESTMENT . THEREFORE, WE FIND NO REASON TO INTERFERE WITH THE ORDER PASSED BY THE LD. CIT(A). THUS, THIS APPEAL FILED BY THE ASSESSEE IS DISMISSED. 5. THE FACTS INVOLVED IN ITA NO.419 & 420/VIZ/2018 ARE SIMILAR TO THE FACTS OF ITA NO.418/VIZ/2018 EXCEPT DIFFERENCE IN AMOUNTS, 4 ITA NO S . 418 - 420 /VIZ/2018 ( BOLLEPALLI VENKATA RAO & O THER S ) THEREFORE, OUR DECISION IN ITA NO.418/VIZ/2018 SHALL APPLY MUTATIS MUTANDIS TO THESE APPEALS ALSO. 6 . IN THE RESULT, ALL THE APPEAL S FILED BY THE ASSESSEES ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 4 T H DAY OF JU LY , 201 9 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 0 4 T H JU LY , 201 9 . VR/ - COPY TO: 1. THE ASSESSEE A) BOLLEPALLI VENKATA RAO B) BEERELLA GOVINDA RAJULU BOTH ARE RESIDENTS OF D.NO. 23 - 966, VISHNUKUNDI NAGAR, VINUKOND A (POST), GUNTUR . 2. THE REVENUE ITO, WARD - 1, NARASARAOPET. 3. THE PR. CIT , GUNTUR. 4. THE CIT(A) - 1, GUNTUR. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.