M/s. Nagacandra Lime Briquttees Pvt. Ltd., Visakhapatnam V. The CIT-I, Visakhapatnam

ITA 476/VIZ/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7234 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 09-11-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 22-09-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: TH L PETER
• Assessee Lawyers: N O N E
• Keywords: Assessment record
• Section: 263

Judgement Text

ITA 476/V/09 M/S. NAGACHANDRA LIME BR IQUETTEES P LTD, VSKP IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO. 476 /VIZAG/ 20 09 ASSESSMENT YEAR : 2004 - 05 M/S. NAGACHANDRA LIME BRIQUETTEES PVT. LTD. VISAKHAPATNAM CIT - 1 VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO.AAACH 7407P APPELLANT BY: N O N E RESPONDENT BY: SHRI TH.L. PETER, CIT(DR) ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER : - THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT REVISING THE ASSESSMENT ORDER U/S 263 OF THE ACT ON A SOLITARY GROUND THAT THE DIFFERENCE IN THE TURNOVER POINTED OUT BY THE CIT WAS NOT PERTAINING TO THE ASSESSMENT YEAR 2004 - 05 AND THE SAME WAS DULY REFLECTED IN A.Y. 2005 - 06. THEREFORE, NO ADDITION AS DIRECTED BY THE CIT IS CALLED FOR. 2. THIS APPEAL CAME UP FOR HEARING ON 3 RD OF FEBRUARY, 2011 BUT NONE APPEARED ON BEHALF OF THE ASSESSEES, DESPITE OF LAST OPPORTUNITY GRANTED TO HIM ON 22 ND SEPTEMBER, 2010. WE, THEREFORE, HAD NO OPTION BUT TO PROCEED EX - PARTE AGAINST THE ASSESSEE AND TO HEAR THE APPEAL. ACCORDINGLY, THE REVENUE WAS HEARD. 3. WE HAVE CAREFULLY PERUSED THE ORDER OF THE CIT AND THE ASSESSMENT ORDER AND WE FIND THAT CIT HAS NOTICED ON SCRUTI NIZING THE ASSESSMENT RECORD THAT IN SALES TAX ASSESSMENT ORDER, THE TOTAL TURNOVER OF THE COMPANY WAS SHOWN AT RS.1,15,33,110/ - , WHEREAS AS PER RETURN OF INCOME, THE TOTAL TURNOVER SHOWN IN THE P&L ACCOUNT IS RS.96,95,890/ - . THEREFORE, ASSESSEE WAS DIREC TED TO SHOW CAUSE AS TO WHY THE DIFFERENCE OF RS.9,97,884/ - SHOULD NOT BE ADDED BACK. THOUGH THE ASSESSEE HAS FILED THE WRITTEN SUBMISSION STATING THEREIN THAT A BILL OF RS.9,16,830/ - PERTAINING TO APRIL, 2004 WAS ITA 476/V/09 M/S. NAGACHANDRA LIME BRIQUETTEES P LTD, VSKP 2 ERRONEOUSLY INCLUDED IN THE TURNOVER OF T HE FINANCIAL YEAR 2003 - 04 IN THE RETURN WITH COMMERCIAL TAX DEPARTMENT, BUT NO EVIDENCE TO THIS EFFECT WAS PRODUCED BEFORE THE CIT. CIT, THEREFORE, DIRECTED THE A.O. TO MAKE THE ADDITION OF THE DIFFERENCE IN TURNOVER. 4 . NOW THE ASSESSEE IS BEFORE US. BUT HE COULD NOT PRODUCE ANY EVIDENCE IN SUPPORT OF HIS CONTENTION THAT BILL OF RS.9,16,830/ - PERTAINING TO APRIL, 2004 WAS ERRONEOUSLY INCLUDED IN THE TURNOVER OF THE FINANCIAL YEAR 2003 - 04 IN THE RETURN FILED WITH THE COMMERCIAL TAX DEPARTMENT. WE HAVE ALSO CAREFULLY EXAMINED THE ASSESSMENT ORDER AND WE FIND THAT THE ASSESSING OFFICER HAS NOT EXAMINED THIS ISSUE. THEREFORE, WE FIND NO INFIRMITY IN THE ORDER OF THE CIT. WE HOWEVER, DO NOT AGREE WITH THE DIRECTION OF THE CIT TOWARDS THE ADDITION OF THE SAID AMOUNT. WE ACCORDINGLY, MODIFY DIRECTION OF THE CIT AND ASK THE ASSESSING OFFICER TO RE - EXAMINE THE ISSUE A FRESH IN THE LIGHT OF EVIDENCE FILED BY THE ASSESSEE IN THIS REGARD . 5 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 7.2 .20 1 1 SD/ - SD/ - (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 7 TH FEBRUARY , 20 1 1 COPY TO 1 MR. K. JAGADEESWARA RAO, MANAGIN G DIRECTOR, M/S. NAGACHANDRA LIME BRIQUETTEES PVT. LTD., 9 - 6 - 97, SIVAJIPALEM, OPP. SIVAJI PARK, VISAKHAPATNAM - 530 017. 2 CIT - 1, VISAKHAPATNAM 3 THE CIT (A) , VISAKHAPATNAM 4 THE DR, ITAT, VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM