Asstt. Commissioner of Income Tax, GONDA V. M/s. Prem Kumar Shukla,

ITA 491/LKW/2013

• Counselvise Citation: 49123714 RSA 2013
• Duration Of Justice: 1 year(s) 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 30-09-2014
• Assessment Year: 2010-2011
• Appeal Filed On: 02-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.491/LKW/2013 ASSESSMENT YEAR:2010 - 11 M/S PREM KUMAR SHUKLA, MANKAURA, SHAHPUR BARA, IKAUNA, SHRAVASTI. PAN:AAJFP3690C VS. A.C.I.T., CIRCLE - GONDA. (RESPONDENT) (APPELLANT) SHRI ALOK MITRA, D. R. APPELLANT BY NONE RESPONDENT BY 30/09/2014 DATE OF HEARING 11 /11/2014 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A) - II, LUCKNOW DATED 05/04/2013 FOR THE ASSESSMENT YEAR 2010 - 11. 2. THE GROUNDS RAISED BY REVENUE ARE AS UNDER: 1. THAT THE LD. CIT(A) - II. LUCKNOW HAS ERRED ON FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW BY RESTRICTING THE ESTIMATION AT 4.10% INSTEAD OF 8% OF THE GROSS RECEIPT. 2. THAT THE LD. CIT(A) - II, LUCKNOW HAS ERRED ON THE FACT AND CIRCUMSTANCES OF THE CASE AND IN LAW BY TAKING INTO CONSIDERATION THE FINAL BOOKS' RESULTS OF THE ASSESSEE WHILE DECIDING THE ESTIMATION OF NET PROFIT RATE AS THE ASSESSING OFFICER HAS MENTIONED IN ASSESSMENT ORDER THAT THE ASSESSEE'S BUSINESS RESULT DETAILS/PARTICULARS ARE QUITE UNUSUAL. 3. THAT THE LD. CIT(A) - II. LUCKNOW HAS ERRED ON FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW BY TREATING THE DETAILS FOR A.Y. 2010 - 11 AS PAST HISTORY FOR DECIDING THE ESTIMATION OF NET PROFIT RATE FOR A.Y. 2010 - 11. 2 4. THAT THE ORDER DATED 05.04,2013 PASSED BY THE LD. CIT(A) - II. LUCKNOW I N APPEAL NO. 34/134/ACLT/GONDA/12 - 13 RELATING TO ASSESSMENT YEAR 2010 - 11 BEING ERRONEOUS IN LAW AND ON FACTS DESERVES TO BE CANCELLED AND ORDER OF THE AC) DESERVES TO BE RESTORED. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE DATE OF HEARING INSPITE OF NOTICE AND HENCE, WE PROCEED TO DECIDE THIS APPEAL OF THE ASSESSEE EX - PARTE QUA THE ASSESSEE. 4. LEARNED D.R. OF THE REVENUE SUPPORTED THE ASSESSMENT ORDER 5. WE HAVE CONSIDERED THE SUBMISSIONS OF LEARNED D.R. OF THE REVENUE, PERUSED THE MATERIAL AVAI LABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. WE FIND THAT CIT(A) HAS FOLLOWED THE TRIBUNAL DECISION RENDERED IN THE CASE OF M/S TEJ PRATAP SINGH VS. INCOME TAX OFFICER IN I.T.A. NO.330/L/09 DATED 30/10/2009 AND THE RELEVANT PARA OF THIS TRIBUNAL ORDER HAS BEEN REPRODUCED IN THE ORDER OF CIT(A). THE CIT(A) HAS ALSO NOTED THAT THE RATE OF PROFIT IN THE PRECEDING YEAR 2009 - 2010 WAS 3.2% AS AGAINST 3.8% DECLARED BY THE ASSESSEE IN THE PRESENT YEAR. INSPITE OF THIS, CIT(A) ADOPTED P ROFIT RATE OF 4.1% FOR ESTIMATING THE INCOME OF THE ASSESSEE. CONSIDERING THE FACTS OF THE PRESENT CASE, WE DECLINE TO INTERFERE IN THE ORDER OF CIT(A) BECAUSE THE ORDER OF CIT(A) IS BY WAY OF FOLLOWING THE TRIBUNAL ORDER. 6. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11 /11/2014. *C.L .SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR