Shri Surjeet Singh, Agra V. Dy.C.I.T., Circle-(II), Agra

ITA 478/AGR/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 50366 (ITAT-AGRA)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 13-10-2011
• Assessment Year: 1994-1995
• Appeal Filed On: 31-12-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K SHARMA
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.478/AGR/2010 ASSESSMENT YEAR: 1994-95 SHRI SURJEET SINGH, VS. D.C.I.T., CIRCLE ( II), 3/9A,M.G. ROAD, AGRA. AGRA. (PAN: AHWPS 1539 D). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJENDRA SHARMA, ADVOCATE RESPONDENT BY : SHRI A.K. SHARMA, JR. D.R. DATE OF HEARING : 13.10.2011 DATE OF PRONOUNCEMENT : 13.10.2011 ORDER PER B.C. MEENA, A.M. : THIS IS AN APPEAL FILED BY THE ASSESSEE ARISING OUT OF THE ORDER OF CIT(A)-II, AGRA DATED 08.11.2010. 2. THE ASSESSEE IS A LIQUOR CONTRACTOR. 3. IN THE GROUNDS OF APPEAL, THE ISSUE RAISED IS SU STAINING THE ADDITION OF ` 2,16,421/-. AT THE OUTSET OF HEARING, THE LD. AUTH ORISED REPRESENTATIVE OF THE ITA NO.478/AGR/2010 A.Y. 1994-95 2 ASSESSEE WAS MADE AWARE OF THE FACT THAT THE CIT(A) HAS ALLOWED THE ASSESSEES APPEAL ON THE ALTERNATIVE GROUND UNDER WHICH THE AS SESSEE HAS SUBMITTED THAT THE ADDITION TO THE INCOME OF ` 34,01,409/- DISCLOSED BY THE ASSESSEE FROM LIQUOR BUSINESS AND SURRENDERED ` 6,80,000/- AND ` 3,50,000/- TOTAL ` 10,30,000/- AS INCOME FROM LIQUOR BUSINESS. IN THE ALTERNATIVE GR OUND, IT WAS SUBMITTED THAT IF THIS INCOME OF ` 10,30,000/- IS TAKEN INTO CONSIDERATION AND ADDED T O THE INCOME DISCLOSED OF ` 34,01,409/- THEN THE INCOME COMES TO ` 44,31,409/- AS AGAINST THE ASSESSING OFFICERS ESTIMATION OF ` 46,47,630/-. THE CIT(A) HAS ALLOWED THE TELESCOPING OF THE INCOME OF RS.10,30,000/- AND SUS TAINED THE ADDITION ONLY TO THE TUNE OF RS.2,16,421/- AND FINALLY THE CIT(A) HAS OR DERED THAT APPEAL OF THE ASSESSEE IS ALLOWED. 4. CONSIDERING THESE FACTS, THE LD. AUTHORISED REPR ESENTATIVE OF THE ASSESSEE HAS WITHDRAWN THE APPEAL AND SUBMITTED THAT HE WILL MOVE AN APPLICATION UNDER SECTION 154 OF THE INCOME TAX ACT, 1961 TO RECTIFY THE ORDER PASSED BY THE CIT(A) WHERE THE APPEAL HAS BEEN SAID TO BE ALLOWED. HOWE VER, IN HIS VIEW THE APPEAL OF THE ASSESSEE WAS PARTLY ALLOWED. 5. AFTER HEARING BOTH THE SIDES, WE ALLOW TO WITHDR AW THE APPEAL FILED BY THE ASSESSEE. ITA NO.478/AGR/2010 A.Y. 1994-95 3 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED AS WITHDRAWN. (ORDER PRONOUNCED IN THE OPEN COURT ON 13.10.2011) SD/- SD/- (H.S. SIDHU) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 13 TH OCTOBER, 2011 PBN/* COPY OF THE ORDER FORWARDED TO: APPELLANT/RESPONDENT/CIT CONCERNED/CIT(APPEALS) CO NCERNED/D.R., ITAT, AGRA BENCH, AGRA/GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY