DCIT, Central Circle, Tirupathi V. V.Dasaratha Naidu, Tirupathi

ITA 516/HYD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66104 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2012
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 28-03-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: E PHALGUNA KUMAR
• Assessee Lawyers: RAO
• Keywords: Unexplained cash credit; Unexplained investment; Unexplained expenditure; Gift; Source of fund
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER SL. NO. APPEAL NO./PERIOD A.Y. APPELLANT RESPONDENT 1. ITA NO. 174/HYD/11 2004 - 05 DCIT, CENTRAL CIRCLE TIRUPATI SRI V. DASARATHA NAIDU, TIRUPATI PAN: ACFPV0473K 2. CO. NO. 13/HYD/11 IN ITA NO. 174/HYD/11 - DO - SRI V. DASARATHA NAIDU, TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI 3. ITA NO. 236/HYD/11 2005 - 06 DCIT, CENTRAL CIRCLE TIRUPATI SRI V. DASARATHA NAIDU, TIRUPATI 4. CO. NO. 25/HYD/11 - DO - SRI V. DASARATHA NAIDU, TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI 5. ITA NO. 383/HYD/11 2006 - 07 DCIT, CENTRAL CIRCLE TIRUPATI SRI V. DASARATHA NAIDU, TIRUPATI 6. CO. NO. 32/HYD/11 IN ITA NO. 383/HYD/11 - DO - SRI V. DASARATHA NAIDU, TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI 7. ITA NO. 516/HYD/11 2007 - 08 DCIT, CENTRAL CIRCLE TIRUPATI SRI V. DASARATHA NAIDU, TIRUPATI 8. CO. NO. 34/HYD/11 IN ITA NO. 516/HYD/11 - DO - SRI V. DASARATHA NAIDU, TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI 9. ITA NO. 460/HYD/11 - DO - - DO - - DO - 10. ITA NO. 461/HYD/11 2008 - 09 - DO - - DO - 11. ITA NO. 175/HYD/11 2004 - 05 DCIT, CENTRAL CIRCLE TIRUPATI SMT. V. SRIDEVI TIRUPATI PAN: ADDPV9886B 12. CO. NO. 14/HYD/11 IN ITA NO. 175/HYD/11 - DO - SMT. V. SRIDEVI TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI 13. ITA NO. 176/HYD/11 2005 - 06 DCIT, CENTRAL CIRCLE TIRUPATI SMT. V. SRIDEVI TIRUPATI 14. CO. NO. 15/HYD/11 IN ITA NO. 176/HYD/11 - DO - SMT. V. SRIDEVI TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI 15. ITA NO. 237/HYD/11 2006 - 07 DCIT, CENTRAL CIRCLE TIRUPATI SMT. V. SRIDEVI TIRUPATI 16. CO. NO. 24/HYD/11 IN ITA NO. 237/HYD/11 - DO - SMT. V. SRIDEVI TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI 17. ITA NO. 518/HYD/11 2007 - 08 DCIT, CENTRAL CIRCLE TIRUPATI SMT. V. SRIDEVI TIRUPATI 18. CO. NO. 35/HYD/11 IN ITA NO. 518/HYD/11 - DO - SMT. V. SRIDEVI TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI 19. ITA NO. 459/HYD/11 2008 - 09 SMT. V. SRIDEVI TIRUPATI - DO - 20. ITA NO. 515/HYD/11 2006 - 07 DCIT, CENTRAL CIRCLE TIRUPATI M/S. GANESH SAI DEVELOPERS, TIRUPATI PAN: AAGFG2446Q 21. CO. NOL. 33/HYD/11 IN ITA NO. 515/HYD/11 - DO - M/S. GANESH SAI DEVELOPERS, TIRUPATI DCIT, CENTRAL CIRCLE TIRUPATI ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 2 REVENUE BY: SHRI M.S. RAO REVENUE BY: SHRI E. PHALGUNA KUMAR DATE OF HEARING: 06. 0 6 .2012 DATE OF PRONOUNCEMENT: 03.08.2012 O R D E R PER CHANDRA POOJARI, AM: THE ABOVE APPEALS BOTH BY THE REVENUE AND DIFFERENT ASSESSEES AND THE CROSS OBJECTIONS (CO) BY THE ASSE SSEE ARE DIRECTED AGAINST DIFFERENT ORDERS OF THE CIT(A)-VII , HYDERABAD FOR THE RESPECTIVE ASSESSMENT YEARS. SINCE CERTAIN ISS UES INVOLVED HEREIN ARE COMMON AND ALSO THE ASSESSEES BEING OF S AME GROUP, ALL THE ABOVE APPEALS AND COS ARE CLUBBED TOGETHER, HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON O RDER FOR THE SAKE OF CONVENIENCE. 2. FIRSTLY, WE WILL TAKE UP THE APPEALS RELATING TO SR I V. DASARATHA NAIDU. THE REVENUE GRIEVANCE IN ITA NO. 174/HYD/11 (DEPARTMENT APPEAL SRI V. DASARATHA NAIDU FOR A.Y . 2004-05) IS WITH REGARD TO DELETION OF ADDITIONS MADE BY THE AS SESSING OFFICER ON THE FOLLOWING COUNTS: A) ADDITION TOWARDS UNEXPLAINED CREDIT RS. 7,93,000 B) ADDITION TOWARDS UNEXPLAINED INVESTMENT RS. 6,15, 155 C) ADDITION TOWARDS AGRICULTURAL INCOME RS. 1,00,000 3. ON APPEAL, THE CIT(A) DELETED ALL THE ABOVE ADDITIO NS ON THE REASON THAT NO INCRIMINATING MATERIAL WAS FOUND DUR ING THE COURSE OF SEARCH CONDUCTED U/S. 132 OF THE ACT ON THE ASSE SSEE ON 27.9.2007. THEREFORE, THE ASSESSING OFFICER CANNOT MAKE ANY ADDITION ON THE ISSUES WHICH HAVE ALREADY BEEN CONC LUDED EVEN WITH THE ASSESSMENTS WERE REOPENED BY VIRTUE OF PRO VISIONS OF ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 3 SECTION 153A OF INCOME-TAX ACT, 1961. AGAINST THIS ACTION OF THE CIT(A) THE REVENUE IS IN APPEAL BEFORE US. THE AS SESSEE FILED A CO IN SUPPORT OF THE FINDINGS OF THE CIT(A). 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. IN THIS YEAR THE RETURN OF INCOME OF THE A SSESSEE WAS ACCEPTED VIDE INTIMATION GIVEN U/S. 143(1) OF THE A CT. THERE IS NO REGULAR ASSESSMENT. THE CONTENTION OF THE ASSESSEE 'S COUNSEL IS THAT THERE IS NO SEIZED MATERIAL TO SUSTAIN THE IMP UGNED ADDITIONS. IN THIS CASE, CONSEQUENT TO SEARCH U/S. 132 OF THE ACT IN THE CASE OF SRI VEMIREDDY PRABHAKAR REDDY ON 23.1.2008, THE ASSESSMENT WAS FRAMED U/S. 143(3) R.W.S. 153A OF THE ACT. THE CONTENTION OF THE ASSESSEE WAS THAT THERE WAS NO SEIZED MATERIAL BASED ON WHICH ASSESSMENT WAS COMPLETED BY THE ASSESSING OFFICER I N THE CASE OF THE ASSESSEE AND, THEREFORE, THE ASSESSMENT FRAMED IS BAD IN LAW. IT WAS ALSO SUBMITTED THAT THE PROVISIONS OF SECTIO N 153A OF THE ACT CANNOT BE INVOKED TO MAKE AN ASSESSMENT OR RE-ASSES SMENT OF INCOME JUST BECAUSE A SEARCH HAD TAKEN PLACE IN THE CASE OF SAME ASSESSEE. HE RELIED ON THE FOLLOWING JUDGEMENTS: A) CIT V. KAILASH CHAND SHARMA, 198 CTR (RAJ) 201. B) GYAN KUMAR AGARWAL (IND) V. ACIT, 60 DTC 241 (HYD) C) HYDERABAD HOUSE PVT. LTD. VS. DCIT, ITA NO. 230/HYD/2011 ORDER DATED 29.3.2012. D) JCIT V. M/S. SPECTRUM PEARLS & EXPORTS PVT. LTD. 5. THIS CONTENTION OF THE ASSESSEE CANNOT BE ACCEPTED. FOR ASSESSMENT MADE U/S. 153A THERE IS NO REQUIREMENT O F ANY SEIZED MATERIAL FOUND DURING THE COURSE OF A SEARCH. FURT HER UNDER THE SECOND PROVISO TO SECTION 153A PENDING ASSESSMENTS OR RE- ASSESSMENT PROCEEDINGS IN RELATION TO ANY ASSESSME NT YEAR FALLING WITHIN THE PERIOD OF SIX ASSESSMENT YEARS REFERRED TO IN SECTION 153A(B) SHALL ABATE. THUS, THE ASSESSING OFFICER G ETS JURISDICTION FOR SIX ASSESSMENT YEARS REFERRED TO IN SECTION 153 A(B) FOR MAKING AN ASSESSMENT OR RE-ASSESSMENT. IT IS NOT THE GRIE VANCE OF THE ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 4 ASSESSEE THAT ANY INCOME WHICH IS ALREADY SUBJECTED TO TAX UNDER INTIMATION U/S. 143(1), 143(3) OR U/S. 148 COMPLETE D PRIOR TO SEARCH IN RESPECT OF SIX ASSESSMENT YEARS REFERRED TO IN SECTION 153A(B) AND IN THE SECOND PROVISO TO SECTION 153A, AS ALSO INCLUDED IN THE ASSESSMENTS FRAMED U/S. 153A OF THE ACT. IN SUCH CIRCUMSTANCES, WE ARE NOT INCLINED TO CONFIRM THE O RDER OF THE CIT(A) ON THIS ISSUE. THE ORDER OF THE CIT(A) IS C ONTRARY TO THE ORDER PASSED BY THE CO-ORDINATE BENCH OF ITAT HYDER ABAD IN ITA NOS. 780-784/HYD/10 IN THE CASE OF M/S. CH. MARTHAN DA RAO & CO. VIDE ORDER DATED 18 TH AUGUST, 2010 WHERE THE TRIBUNAL CONSIDERED THE ENTIRE FACTS AND CIRCUMSTANCES OF TH E CASE ON SIMILAR CIRCUMSTANCES AND CANCELLED THE ORDER OF TH E CIT(A) AND REMANDED THE ISSUE BACK TO THE FILE OF THE ASSESSIN G OFFICER FOR FRESH CONSIDERATION. BEING SO, WE ARE NOT CONSIDER ING ANY JUDGEMENT CITED BY THE ASSESSEE HEREIN. THE CIT(A) HAS TO DECIDE EACH ISSUE ON MERIT INSTEAD OF HOLDING THAT THE ADD ITION IS NOT BASED ON SEIZED MATERIAL. THEREFORE, WE ARE OF THE OPINION, THAT THE ENTIRE ISSUE SHOULD GO BACK TO THE CIT(A) FOR D ECIDING EACH ISSUE ON MERIT. ACCORDINGLY, THE ORDER OF THE SET ASIDE AND ALL THE ISSUES IN THE APPEAL NO. 174/HYD/11 ARE REMITTED BA CK TO THE FILE OF THE CIT(A) FOR FRESH CONSIDERATION WITH A DIRECT ION TO DECIDE EACH ISSUE ON MERIT. ACCORDINGLY, DEPARTMENT APPEAL IN ITA NO. 174/HYD/11 IS ALLOWED FOR STATISTICAL PURPOSES. AS THE APPEAL OF THE DEPARTMENT IS REMITTED BACK TO THE CIT(A) AND T HE CO. NO. 13/HYD/11 BY THE ASSESSEE BEING SUPPORTIVE OF THE O RDER OF THE CIT(A), THE CO NO. 13/HYD/11 IS DISMISSED AS INFRUC TUOUS. 6. THE NEXT APPEAL FOR OUR CONSIDERATION IS ITA NO. 236/HYD/11 (DEPARTMENT APPEAL) AND CO. NO. 25/HYD/1 1 (BY THE ASSESSEE SRI V. DASARATHA NAIDU) FOR ASSESSMENT Y EAR 2005-06. IN THIS ASSESSMENT YEAR THE ASSESSING OFFICER MADE THE FOLLOWING ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 5 ADDITIONS TO THE RETURNED INCOME OF THE ASSESSEE WH ILE COMPLETING ASSESSMENT U/S. 143(3) R.W.S. 143A OF THE ACT: A) TOWARDS UNEXPLAINED INVESTMENT RS. 9,21,000 B) TOWARDS UNEXPLAINED INVESTMENT RS. 1,22,000 C) TOWARDS EXPENDITURE DISALLOWANCE RS. 1,52,197 D) TOWARDS LOSS ON SALE OF CAR RS. 20,000 E) TOWARDS AGRICULTURAL INCOME RS. 1,25,000 7. ON APPEAL THE CIT(A) DELETED THE ADDITIONS ON THE F OLLOWING REASONS: A) ADDITION OF RS. 9,21,000 TOWARDS UNEXPLAINED INVEST MENT IS DELETED BY THE CIT(A) ON THE REASON THAT THERE IS N O SEIZED MATERIAL. B) UNEXPLAINED INVESTMENT OF RS. 1,22,000 THE CIT(A) SUSTAINED THIS ADDITION. C) RS. 1,52,197 ADDITION TOWARDS DISALLOWANCE OF EXPENDITURE. THE CIT(A) DELETED THIS ADDITION ON T HE REASON THAT THERE IS NO SEIZED MATERIAL. D) RS. 20,000 LOSS ON SALE OF CAR THE CIT(A) DELET ED THE ADDITION ON THE REASON THAT IT IS NOT DEBITED TO TH E PROFIT AND LOSS A/C. INCOME WAS NOT REDUCED. ACCORDINGLY, THE CIT(A) DELETED THE ADDITION. E) REGARDING ADDITION OF RS. 1,25,000 BY TREATING THE AGRICULTURAL INCOME AS NON-AGRICULTURAL INCOME, THE CIT(A) DELETED THE ADDITION ON THE REASON THAT THERE IS NO MATERIAL TO DISPUTE THE CLAIM OF THE ASSESSEE BY THE ASSESSI NG OFFICER. 8. ACCORDINGLY, AGAINST THE DELETION OF ADDITIONS BY T HE CIT(A), THE REVENUE IS IN APPEAL BEFORE US IN RESPECT OF RS . 9,21,000 (UNEXPLAINED INVESTMENT), RS. 20,000 (LOSS ON SALE OF CAR) AND RS. 1,25,000 (TREATING AGRICULTURAL INCOME AS NON-AGRIC ULTURAL INCOME). THE ASSESSEE FILED A CO IN SUPPORT OF THE ORDER OF CIT(A). ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 6 9. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL. AS DISCUSSED IN EARLIER PARAS IN ITA NO. 174/HYD/05 , THE ORDER OF THE CIT(A) IS SET ASIDE AND THE ENTIRE MATTER IS RE MITTED BACK TO THE FILE OF THE CIT(A) FOR DECIDING THE EACH ISSUE ON I TS OWN MERITS. ITA NO. 236/HYD/11 IS PARTLY ALLOWED FOR STATISTICAL PU RPOSES. CO. NO. 25/HYD/11, BEING SUPPORTIVE OF THE CIT(A) ORDER, IS DISMISSED AS INFRUCTUOUS. 10. ITA NO. 383/HYD/11 (DEPT. APPEAL) AND CO. NO. 32/HY D/11 (BY ASSESSEE SRI V. DASARATHA NAIDU FOR A.Y. 2006 -07). IN THIS ASSESSMENT YEAR, THE ASSESSING OFFICER MADE ADDITIO N TO THE RETURNED INCOME OF THE ASSESSEE TOWARDS: (A) UNEXPLAINED CASH CREDIT RS. 94,83,882 (B) UNRECORDED ADVANCE RS. 10,000 (C) UNDISCLOSED INVESTMENT RS. 75,000 (D) TREATMENT OF AGRICULTURAL INCOME AS NON-AGRICULTURA L INCOME RS. 1,34690 11. ON APPEAL, THE CIT(A) DELETED THE ADDITION OF RS. 9 4,83,882 ON THE REASON THAT THERE IS NO SEIZED MATERIAL TO S UGGEST THE ADDITION. THE CIT(A) DELETED THE ADDITION OF RS. 10,000 TOWARDS ADVANCE ON THE REASON THAT THE ASSESSEE EXPLAINED T HE SOURCE. THE ADDITION TOWARDS UNDISCLOSED INVESTMENT WAS DEL ETED BY THE CIT(A) ON THE REASON THAT THE INFORMATION IN THE SE IZED MATERIAL WAS FOUND AT THE RESIDENTIAL PREMISES OF SRI P. DEE NDAYAL WAS DENIED BY THE ASSESSEE SAYING THAT THE ASSESSEE HAS NO CONNECTION WITH SRI P. DEENDAYAL. THE ADDITION TOWARDS AGRICU LTURAL INCOME TREATING THE SAME AS NON-AGRICULTURAL INCOME OF RS. 1,34,690 WAS ALSO DELETED BY THE CIT(A). THE REVENUE IS IN APPE AL BEFORE US REGARDING DELETION OF RS. 94,83,882 TOWARDS UNACCOU NTED INVESTMENT AND RS. 75,000 TOWARDS UNEXPLAINED INVES TMENT (LAND PURCHASE AND CHITS). ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 7 12. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. AS HELD IN ITA NO. 174/HYD/11 IN ASSESSEE S OWN CASE IN THE EARLIER PART OF THIS ORDER, THE ABOVE TWO ISSUE ARE REMITTED BACK TO THE FILE OF THE CIT(A) WITH SIMILAR DIRECTION. ITA NO. 383/HYD/11 IS ALLOWED FOR STATISTICAL PURPOSES AND CO. NO. 32/HYD/11 IS DISMISSED AS INFRUCTUOUS. 13. ITA NO. 516/HYD/11 (DEPARTMENT APPEAL) AND CO. NO. 34/HYD/11 AND ITA NO. 460/HYD/11 (BY THE ASSESSEE S RI V. DASARATH NAIDU). IN THIS ASSESSMENT YEAR THE ASSES SING OFFICER MADE THE FOLLOWING ADDITIONS TO THE RETURNED INCOME OF RS. 8,61,910 BY THE ASSESSEE WHILE FRAMING ASSESSMENT U /S. 143(3) R.W.S. 153A OF THE ACT: A) UNEXPLAINED CREDIT RS. 1,35,00,000 B) UNDISCLOSED INVESTMENT RS. 3,00,000 C) UNACCOUNTED EXPENDITURE RS. 56,137 D) UNEXPLAINED INVESTMENT RS. 9,21,000 E) UNDISCLOSED INVESTMENT RS. 16,83,050 F) UNDISCLOSED INCOME RS. 1,12,50,000 G) UNDISCLOSED INCOME RS. 5,48,595 H) UNDISCLOSED INCOME RS. 1,72,50,000 I) UNEXPLAINED EXPENDITURE RS. 1,48,185 J) INCOME FROM OTHER SOURCES RS. 1,96,500 14. ON APPEAL, THE CIT(A) SUSTAINED THE ADDITION AT 2% OF RS. 1,72,50,000 AS INCOME FROM BROKERAGE ON THE ADDITIO N MADE BY THE ASSESSING OFFICER TOWARDS CONSIDERATION OF RS. 6900 PER ANKANAM FOR 2500 ANKANAMS ON THE BASIS OF SEIZED MA TERIAL A/VDN/02. HE HAS CONFIRMED ANOTHER ADDITION OF RS . 1,12,50,000 TOWARDS UNDISCLOSED INCOME TOWARDS SALE CONSIDERATION BASED ON SEIZED MATERIAL A/VDN/02. T HE ADDITION OF RS. 9,21,000 TOWARDS UNEXPLAINED INVESTMENT WAS DELETED BY THE CIT(A). THE ADDITION OF RS. 16,83,050 TOWARDS CONSTRUCTION OF A BUILDING AND JEWELLERY PURCHASE WAS DELETED BY TH E CIT(A). THE ADDITION OF RS. 5,48,595 TOWARDS PROPERTY INVESTMEN T WAS DELETED BY THE CIT(A). OUT OF THE ADDITION OF RS. 1,48,185 TOWARDS ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 8 PAYMENT OF INSURANCE PREMIUM, THE CIT(A) SUSTAINED RS. 21,887. OUT OF THE ADDITION OF RS. 56,137 TOWARDS UNEXPLAIN ED EXPENDITURE, THE CIT(A) TOWARDS UNEXPLAINED EXPENDI TURE THE CIT(A) CONFIRMED THE ADDITION. THE ADDITION TOWARD S RS. 3 LAKHS MADE TOWARDS INVESTMENT IN CHITS, THE CIT(A) DELETE D THE SAME. REGARDING THE ADDITION MADE ON AGRICULTURAL INCOME OF RS. 1,96,500 TREATING THE SAME AS INCOME FROM OTHER SOU RCES, THE CIT(A) DELETED THE ADDITION HOLDING THAT IT IS AGRI CULTURAL INCOME. AGAINST THE DELETION OF RS. 1,35,00,000 (UNEXPLAINE D CASH CREDIT), RS. 1,72,50,000 (UNDISCLOSED INCOME), RS. 3,00,000 (INVESTMENT IN CHIT) AND RS. 5,48,595 (UNDISCLOSED INCOME TOWARDS STAMP DUTY AND REGISTRATION CHARGES), THE REVENUE IN APPEAL BE FORE US IN ITA NO. 516/HYD/11 AND THE ASSESSEE FILED CO NO. 34/HYD /11 IN SUPPORT OF THE CIT(A)'S ORDER. THE ASSESSEE ALSO F ILED AN APPEAL IN ITA NO. 460/HYD/11 FOR SUSTAINING THE FOLLOWING ADD ITIONS: A) UNDISCLOSED INCOME ON SALE OF LAND RS. 1,12,50,0 00 B) UNEXPLAINED EXPENDITURE LIKE VEHICLE MAINTENANCE, C AR EXPENSES, AND AIR TRAVEL RS. 56,137 C) ADDITION ON ACCOUNT OF BROKERAGE INCOME RS. 3,45,0 00 D) TREATMENT OF AGRICULTURAL INCOME AS INCOME FROM OTH ER SOURCES RS. 76,500 15. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. WITH REGARD TO REVENUE APPEAL NO. 516/HYD/ 11 APPLYING THE SAME RATIO FOR A.Y. 2004-05, THE ISSUE IS SET A SIDE TO THE FILE OF THE CIT(A) ON SIMILAR LINES FOR RE-CONSIDERATION. CO. NO. 34/HYD/11 IS DISMISSED AS INFRUCTUOUS. 16. COMING TO ASSESSEE'S APPEAL IN ITA NO. 460/HYD/11, THE ADDITION OF RS. 1,12,50,000 ON ACCOUNT OF ALLEGED S ALE OF 1,250 ANKANAMS AT RS. 9000 PER ANKANAM ON THE BASIS OF SE IZED MATERIAL A/VDN/2 IS BASED ON THE LOOSE SLIPS. WE H AVE CAREFULLY GONE THROUGH THE LOOSE SLIPS MARKED AS A/VDN/2. ACCORDING TO THE ASSESSING OFFICER THESE LOOSE SLIPS INDICATE TH E TRANSACTION OF ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 9 PLOTS SITUATED IN PERUR VILLAGE AND THE ASSESSEE AC CEPTED THE SALE CONSIDERATION AS NOTED IN THE SLIPS. IT IS ALSO A FACT THAT THE ASSESSEE ADMITTED THAT THE SALE CONSIDERATION WAS N OT RECORDED IN THE BOOKS OF ACCOUNT. ON APPEAL, THE CIT(A) OBSERV ED THAT THOUGH THE ASSESSEE PLEADED THAT THE TRANSACTION IS RELATE D TO PARTNERSHIP FIRM M/S. GANESH SAI DEVELOPERS WHERE THE ASSESSEE IS ONE OF THE PARTNERS BUT THE DISPUTED TRANSACTION WAS NOT REFLE CTED IN THE FIRM BOOKS. BEING SO, HE HAS CONFIRMED THE ADDITION. IN OUR OPINION, ADDITION CANNOT BE MADE ONLY ON THE BASIS OF LOOSE SLIPS. IT SHOULD BE CORROBORATED BY SUPPORTING DOCUMENTS. AS WE ARE INCLINED TO HOLD THAT IF THERE IS NO CORROBORATIVE MATERIAL OTH ER THAN THE LOOSE SLIPS, ADDITION CANNOT BE MADE. CONSIDERING THIS F ACT, THE MATTER IS REMANDED BACK TO THE FILE OF THE CIT(A) WITH A D IRECTION TO EXAMINE RELEVANT RECORDS AND DECIDE THE ISSUE ACCOR DINGLY. THIS GROUND IS ALLOWED FOR STATISTICAL PURPOSES. 17. THE NEXT GROUND IN ASSESSEE'S APPEAL IS WITH REGARD TO SUSTAINING AN ADDITION OF RS. 56,137 TOWARDS UNEXPL AINED EXPENDITURE. THIS ADDITION IS MADE TOWARDS UNEXPLA INED EXPENDITURE LIKE AIR TRAVEL, CAR EXPENSES AND SPARE PARTS OF VEHICLES. THIS ADDITION IS BASED ON SEIZED MATERIA L 'A/VDN/02' AND 'A/VDN/03'. THE EXPENDITURE MENTIONED THEREIN IS NOT REFLECTED IN THE BOOKS OF ACCOUNT. BEING SO THE AD DITION IS SUSTAINED AND THIS GROUND OF THE ASSESSEE IS REJECT ED. 18. THE NEXT GROUND IS WITH REGARD TO ADDITION TOWARDS ESTIMATED INCOME ON BROKERAGE AT RS. 3,45,000. THE ASSESSING OFFICER MADE AN ADDITION OF RS. 1,72,50,000 TOWARDS THE ALLEGED SALE CONSIDERATION OF PLOTS ADMEASURING 2500 ANKANA MS AT RS. 6900 PER ANKANAM. THE CIT(A) ESTIMATED ONLY 2% AS BROKERAGE AND SUSTAINED AN ADDITION OF RS. 3,45,000. AGAINST THIS ISSUE THE REVENUE IS ALSO IN APPEAL BEFORE US IN ITA NO. 516/ HYD/11 WHEREIN WE HAVE ALREADY REMANDED THE ISSUE BACK TO THE FILE OF THE ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 10 CIT(A) FOR FRESH CONSIDERATION. BEING SO, THIS GRO UND IS INFRUCTUOUS AND DISMISSED ACCORDINGLY. 19. THE LAST GROUND IN THIS APPEAL IS WITH REGARD TO SU STAINING AN ADDITION OF RS. 76,500 BY TREATING THE AGRICULTU RAL INCOME AS NON-AGRICULTURAL INCOME. WE HAVE HEARD BOTH THE PA RTIES ON THIS ISSUE. IN OUR OPINION, THE ESTIMATED INCOME FROM A GRICULTURE AT RS. 1,20,000 IS VERY REASONABLE. THE SAME IS CONFI RMED. THIS GROUND IS DISMISSED. ITA NO. 516/HYD/11 (BY REVENU E) IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. CO. NO. 34/HYD/1 1 (BY ASSESSEE) IS DISMISSED. ASSESSEE'S APPEAL IN ITA NO. 460/HYD /11 IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. 20. ITA NO. 461/HYD/11 (ASSESSEE'S APPEAL SRI V. DASA RATHA NAIDU) FOR A.Y. 2008-09. IN THIS APPEAL ASSESSEE'S GRIEVANCE IS WITH REGARD TO SUSTAINING ADDITION OF RS. 3 LAKHS M ADE TOWARDS UNACCOUNTED CREDIT. THE ASSESSEE RECEIVED AN ADVAN CE OF RS. 3 LAKHS FROM M/S. BASHYAM PUBLIC SCHOOL. THE ASSESSE E'S PLEA IN THIS REGARD IS THAT THIS AMOUNT WAS RECEIVED AS SEC URITY DEPOSIT FOR LETTING OUT THE PROPERTY BUT NO EVIDENCE WAS FURNIS HED BY THE ASSESSEE IN SUPPORT OF IT. BEING SO, THE SAME WAS CONFIRMED BY THE CIT(A). IN OUR OPINION IT IS FAIR AND PROPER TO RE MAND THE ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH DIRECTION TO THE ASSESSEE TO NECESSARY EVIDENCE IN SUPPORT OF THE CLAIM. THEREA FTER THE ASSESSING OFFICER SHALL DECIDE THE ISSUE IN ACCORDA NCE WITH LAW. THIS GROUND IS ALLOWED FOR STATISTICAL PURPOSES. 21. THE NEXT GROUND IS WITH REGARD TO SUSTAINING ADDITI ON OF RS. 5,58,900 ON ACCOUNT OF UNEXPLAINED EXPENDITURE. TH E ASSESSING OFFICER MADE AN ADDITION OF RS. 23,08,900 ON THE BA SIS OF SEIZED MATERIAL A/VDN/2. THE ASSESSEE NOT FURNISHED EXPLA NATION REGARDING THIS EXPENDITURE. THIS ADDITION WAS MADE ACCORDINGLY. ON APPEAL, THE CIT(A) OBSERVED THAT IF RS. 17.50 LA KHS WAS ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 11 ACCOUNTED IN THE BOOKS OF ACCOUNT IT HAS TO BE DEL ETED. THE BALANCE AMOUNT OF RS. 5,58,900 AS IT WAS ADVANCE GI VEN TO THE CATERERS WHICH IS NOT PROPERLY SUPPORTED BY REQUISI TE EVIDENCE, IT WAS CONFIRMED BY THE CIT(A). BEFORE US ALSO NO EVI DENCE IS SUBMITTED. HENCE, THIS ADDITION IS CONFIRMED. ITA NO. 461/HYD/11 IS PARTLY ALLOWED. 22. AT THIS STAGE, WE ARE INCLINED TO MENTION THAT THE PARTIES INVOLVED HEREIN NOT BROUGHT TO OUR NOTICE THAT ANY APPEAL WAS FILED BY THE DEPARTMENT FOR THIS ASSESSMENT YEAR. IF IT IS PENDING BEFORE THE TRIBUNAL THE SAME WILL BE DEALT WITH SEPARATELY . 23. ITA NO. 175/HYD/11 (BY REVENUE) AND CO. NO. 14/HYD/ 11 (BY ASSESSEE) IN CASE OF SMT. V. SRIDEVI FOR ASSESS MENT YEAR 2004- 05. IN THIS CASE, THE ASSESSING OFFICER MADE ADDIT ION CONSEQUENT TO SEARCH ACTION IN THE CASE OF SRI V. DASARATHA NA IDU ON 27.9.2007. THE ASSESSMENT WAS MADE U/S. 143(3) R .W.S. 153C OF THE ACT. THE ASSESSING OFFICER MADE THE FOLLOWING ADDITION TO THE RETURNED INCOME OF RS. 1,73,960: A) INCOME FROM OTHER SOURCES RS. 25,000 B) UNEXPLAINED INVESTMENT RS. 6,19,500 C) UNEXPLAINED CREDIT RS. 5,50,000 24. ON APPEAL, THE CIT(A) ALLOWED THE APPEAL OF THE ASS ESSEE HOLDING THAT THERE IS NO SEIZED MATERIAL FOUND DURI NG THE COURSE OF SEARCH ACTION. WE HAVE HEARD BOTH THE PARTIES ON T HIS ISSUE. WE HAVE DEALT WITH SIMILAR ISSUE IN THE CASE OF SRI V. DASARATHA NAIDU FOR A.Y. 2004-05 IN ITA NO. 174/HYD/11 IN EARLIER P ARAS OF THIS ORDER WHERE THE ISSUE WAS REMANDED BACK TO THE FILE OF THE CIT(A) BY PLACING RELIANCE ON THE ORDER OF THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF CH. MARTHANDA RAO & CO. (CI TED SUPRA). IN VIEW OF THIS, THE ISSUE INVOLVED IN THIS APPEAL IS ALSO REMANDED BACK TO THE FILE OF THE CIT(A) TO DECIDE THE SAME O N MERIT. ITA NO. 175/HYD/11 IS ALLOWED FOR STATISTICAL PURPOSES AND CO. NO. ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 12 14/HYD/11 IS DISMISSED BEING SUPPORT OF CIT(A)'S OR DER AS INFRUCTUOUS. 25. ITA NO. 176/HYD/11 (BY REVENUE) AND CO. NO. 15/HYD/ 11 (BY ASSESSEE) IN CASE OF SMT. V. SRIDEVI FOR ASSESS MENT YEAR 2005- 06. IN THIS CASE THE ASSESSING OFFICER FRAMED THE ASSESSMENT CONSEQUENT TO SEARCH ACTION IN THE CASE OF SRI V. D ASARATHA NAIDU AND MADE THE FOLLOWING ADDITIONS TO THE RETURNED OF RS. 3,02,700, AS UNDER: A) INCOME FROM OTHER SOURCES BY TREATING AGRICULTURAL INCOME AS NON-AGRICULTURAL INCOME - RS. 32,00 0 B) UNEXPLAINED CREDIT - RS. 5,00,000 C) UNEXPLAINED INVESTMENT - RS. 3,84,675 26. ON APPEAL, THE CIT(A) DELETED THE ADDITIONS ON THE REASON THAT THERE IS NO INCRIMINATING MATERIAL FOUND DURIN G THE COURSE OF SEARCH. AGAINST THIS THE REVENUE IS IN APPEAL BEFO RE US. THE ASSESSEE FILED THE CO IN SUPPORT OF THE CIT(A)'S OR DER. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. AS WE HAVE ALREADY DISCUSSED IN ITA NO. 174/HYD/11 IN THE CASE OF SRI V. DASARATHA NAIDU IN THE FOREGOING PARAS OF THIS O RDER, WE ARE INCLINED TO REMAND THE ENTIRE MATTER BACK TO THE FI LE OF THE CIT(A) TO DECIDE THE ISSUE ON MERIT AFRESH. ITA NO. 176/H YD/11 IS ALLOWED FOR STATISTICAL PURPOSE AND CO. NO. 15/HYD/ 11 IS DISMISSED BEING SUPPORTIVE OF THE CIT(A)'S ORDER. 27. ITA NO. 237/HYD/11 (BY REVENUE) AND CO. NO. 24/HYD/ 11 (BY ASSESSEE) IN THE CASE OF SMT. V. SRIDEVI FOR A. Y. 2006-07. IN THIS YEAR, THE ASSESSING OFFICER MADE ADDITION TO T HE RETURNED INCOME OF THE ASSESSEE AT RS. 4,63,260 ON THE FOLLO WING COUNTS: A) INCOME FROM OTHER SOURCES TREATING THE AGRICULTURAL INCOME AS NON-AGRICULTURAL INCOME RS. 37,70 0 B) UNEXPLAINED CREDIT RS. 24,54,000 ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 13 28. ON APPEAL, THE CIT(A) DELETED THE ADDITION HOLDING THAT THERE IS NO SEIZED MATERIAL. WE HAVE HEARD BOTH THE PART IES AND PERUSED THE MATERIAL ON RECORD. AS WE HAVE ALREADY DISCUSS ED IN ITA NO. 174/HYD/11 IN THE CASE OF SRI V. DASARATHA NAIDU IN THE FOREGOING PARAS OF THIS ORDER, WE ARE INCLINED TO REMAND THE ENTIRE MATTER BACK TO THE FILE OF THE CIT(A) TO DECIDE THE ISSUE ON MERIT AFRESH. ITA NO. 237/HYD/11 IS ALLOWED FOR STATISTICAL PURPO SE AND CO. NO. 24/HYD/11 IS DISMISSED BEING SUPPORTIVE OF THE CIT( A)'S ORDER. 29. ITA NO. 518/HYD/11 (BY REVENUE) AND CO. NO. 35/HYD/ 11 (BY ASSESSEE) IN THE CASE OF SMT. V. SRIDEVI FOR A. Y. 2007-08. IN THIS YEAR, THE ASSESSING OFFICER WHILE FRAMING THE ASSESSMENT U/S. 143(3) R.W.S. 153C OF THE ACT MADE THE FOLLOWING AD DITIONS TO THE RETURNED INCOME OF THE ASSESSEE AT RS. 6,68,440 ON THE FOLLOWING COUNTS: A) INCOME FROM OTHER SOURCES TREATING THE AGRICULTURAL INCOME AS NON-AGRICULTURAL INCOME RS. 84,50 0 B) UNEXPLAINED CREDIT RS. 37,50,000 C) UNEXPLAINED CREDIT - RS. 6,23,000 D) UNEXPLAINED INVESTMENT IN LAND - RS. 3,32,010 E) UNEXPLAINED GIFT - RS. 36,00,000 30. ON APPEAL THE CIT(A) DELETED THE ADDITIONS BY HOLDI NG THAT THERE IS NO SUPPORTING SEIZED MATERIAL FOR SUSTAINI NG THE ABOVE ADDITIONS. WE HAVE HEARD BOTH THE PARTIES AND PERU SED THE MATERIAL ON RECORD. AS WE HAVE ALREADY DISCUSSED I N ITA NO. 174/HYD/11 IN THE CASE OF SRI V. DASARATHA NAIDU IN THE FOREGOING PARAS OF THIS ORDER, WE ARE INCLINED TO REMAND THE ENTIRE MATTER BACK TO THE FILE OF THE CIT(A) TO DECIDE THE ISSUE ON MERIT AFRESH. ITA NO. 518/HYD/11 IS ALLOWED FOR STATISTICAL PURPO SE AND CO. NO. 35/HYD/11 IS DISMISSED BEING SUPPORTIVE OF THE CIT( A)'S ORDER. 31. ITA NO. 459/HYD/11 (BY ASSESSEE SMT. V. SRIDEVI) FOR ASSESSMENT YEAR 2008-09. IN THIS APPEAL, THE GRIEV ANCE OF THE ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 14 ASSESSEE IS WITH REGARD TO SUSTAINING ADDITIONS OF RS. 7,50,000 TOWARDS UNEXPLAINED CASH AND RS. 4,50,000 TOWARDS U NEXPLAINED INVESTMENT IN PARTNERSHIP FIRM. BRIEF FACTS OF THE ISSUE ARE THAT CONSEQUENT TO SEARCH ACTION THERE WAS AN ADDITION O F RS. 7,50,000 TOWARDS UNEXPLAINED CASH. THE ASSESSEE CLAIMED RS. 7,50,000 AS GIFT RECEIVED FROM SRI N. BALAJI. IT WAS SUBMITTED THAT SRI N. BALAJI IS BROTHER OF THE ASSESSEE WHO ALSO HAVING HIS OWN SOURCE OF INCOME AND CAN GIVE GIFT TO THE ASSESSEE. THE FACT IS THAT SRI N. BALAJI IS ABOUT 25 YEARS AND HE HAS CLAIMED THAT TH E GIFT WAS GIVEN OUT OF ACCUMULATED SAVINGS. NO EVIDENCE IS BROUGHT ON RECORD TO SHOW THAT SRI N. BALAJI, BROTHER OF THE ASSESSEE, T O HAVE ENOUGH SOURCES OF INCOME TO GIVE GIFT TO THE ASSESSEE. AC CORDINGLY, FOR WANT OF SUFFICIENT EVIDENCE THE ADDITION WAS MADE I N THE HANDS OF THE ASSESSEE. BEFORE US ALSO, THE EVIDENCE BROUGHT ON RECORD IS NOT ENOUGH TO HOLD THAT SRI N. BALAJI IS HAVING CAP ACITY TO MAKE A GIFT OF RS. 7,50,000 TO THE ASSESSEE. BEING SO, WE ARE INCLINED TO CONFIRM THE DISALLOWANCE ON THIS COUNT. THIS GROUN D IS DISMISSED. 32. THE NEXT GROUND IS WITH REGARD TO SUSTAINING OF AN ADDITION OF RS. 4,50,000 OUT OF RS. 11,37,130 MADE TOWARDS U NEXPLAINED INVESTMENT. AS PER RECORDS, THE ASSESSEE MADE AN I NVESTMENT OF RS. 8,37,130 IN M/S. GANESH SAI DEVELOPERS, A PARTN ERSHIP FIRM AND ALSO MADE AN INVESTMENT IN PURCHASE OF HOUSEHOL D ARTICLES FOR RS. 3 LAKHS TOTALLING TO RS. 11,37,130. THE ASSESS ING OFFICER MADE THE ADDITION TOWARDS THIS AMOUNT AS UNEXPLAINED INV ESTMENT. OUT OF THIS AMOUNT, THE CIT(A) SUSTAINED ONLY RS. 4.50 LAKHS. AGAINST THIS THE ASSESSEE IS IN APPEAL BEFORE US. THE CIT( A) OBSERVED THAT OUT OF RS. 8,37,130 AN AMOUNT OF RS. 5,01,082 IS OP ENING BALANCE. BEING SO IT IS DELETED. A SUM OF RS. 1,15,102 IS R ECEIVED BY THE ASSESSEE TOWARDS INTEREST AND RS. 1,81,698 AS ASSES SEE'S SHARE OF PROFIT. CONSIDERING THIS, THE CIT(A) SUSTAINED AN AMOUNT OF RS. 4.50 LAKHS. IN OUR OPINION, THE ADDITION WITH REGA RD TO OPENING BALANCE OF RS. 5,01,082, INTEREST RECEIPT OF RS. 1, 15,102 AND SHARE ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 15 OF PROFIT OF RS. 1,81,698 CANNOT BE SUSTAINED OUT O F RS. 11,37,130 (RS. 11,37,130 RS. 5,01,082 + RS. 1,15,102 + RS. 1,81,698) = RS. 3,39,248 ONLY HAS TO BE SUSTAINED. THUS THE ASSESS EE GETS RELIEF OF RS. 1,10,752 BEFORE US. THIS GROUND IS PARTLY ALLO WED. ITA NO. 459/HYD/11 IS PARTLY ALLOWED. 33. ITA NO. 515/HYD/11 (BY REVENUE) AND CO. NO. 33/HYD/ 11 (BY ASSESSEE) IN THE CASE OF M/S. GANESH SAI DEVELO PERS FOR A.Y. 2006-07. IN THIS CASE THE ASSESSING OFFICER FRAMED ASSESSMENT U/S. 143(3) R.W.S. 153A OF THE ACT CONSEQUENT TO SE ARCH ACTION IN THE CASE OF THE ASSESSEE ON 27.9.2007. WHILE FRAMI NG THE ASSESSMENT, THE ASSESSING OFFICER MADE THE FOLLOWIN G ADDITIONS TO THE RETURNED INCOME OF THE ASSESSEE AT RS. 81,925: A) UNVOUCHED EXPENDITURE RS. 15,00,000 B) UNEXPLAINED CREDITORS RS. 56,00,000 34. ON APPEAL, THE CIT(A) ALLOWED THE APPEAL OF THE ASS ESSEE HOLDING THAT THE ADDITIONS ARE NOT SUPPORTED BY SEI ZED MATERIAL. AGAINST THIS THE REVENUE IS IN APPEAL BEFORE US. W E HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD . WE ARE OF THE OPINION THAT THE SAME ISSUE IS CONSIDERED IN THE CA SE OF SRI V. DASARATHA NAIDU IN ITA NO. 174/HYD/11. APPLYING THE SAME RATIO, WE ARE INCLINED TO REMAND BACK THE ENTIRE ISSUE TO THE FILE OF THE CIT(A) WHO SHALL DECIDE THE SAME ON MERIT. ITA NO. 515/HYD/11 IS ALLOWED FOR STATISTICAL PURPOSES AND CO. NO. 33/ HYD/121 IS DISMISSED. 35. IN THE RESULT, A) ITA NO. 174/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES B) ITA NO. 236/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES C) ITA NO. 383/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES D) ITA NO. 516/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES E) ITA NO. 175/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES F) ITA NO. 176/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES G) ITA NO. 237/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES H) ITA NO. 518/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES ITA NO. 174 / HYD/11 & ORS. SRI V. DASARATHA NAIDU & ORS. ===================== 16 I) ITA NO. 515/HYD/11 PARTLY ALLOWED FOR STATISTICAL PURPOSES J) CO. NO. 13/HYD/11 DISMISSED K) CO. NO. 25/HYD/11 DISMISSED L) CO. NO. 32/HYD/11 DISMISSED M) CO. NO. 34/HYD/11 DISMISSED N) CO. NO. 14/HYD/11 DISMISSED O) CO. NO. 15/HYD/11 DISMISSED P) CO. NO. 24/HYD/11 DISMISSED Q) CO. NO. 35/HYD/11 DISMISSED R) CO. NO. 33/HYD/11 DISMISSED S) ITA NO. 460/HYD/11 PARTLY ALLOWED T) ITA NO. 461/HYD/11 DISMISSED U) ITA NO. 459/HYD/11 PARTLY ALLOWED ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD AUGUST, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 3 RD AUGUST, 2012 COPY FORWARDED TO: 1. THE DCIT, CENTRAL CIRCLE, 3 RD FLOOR, AAYAKAR BHAVAN, K.T. ROAD, TIRUPATI. 2. SRI V. DASARATHA NAIDU, 88 & 89, NEW BALAJI COLO NY, TIRUPATI. 3. SMT. V. SRIDEVI, 88 & 89, NEW BALAJI COLONY, TIR UPATI. 4. M/S. GANESH SAI DEVELOPERS, 164, T.P. AREA, TIRU PATI. 5. THE CIT(A)-VII, HYDERABAD 6. THE CIT (CENTRAL), HYDERABAD 7. THE DR B BENCH, ITAT, HYDERABAD. TPRAO