Guntupalli Rama Lingeswara Rao, , Guntur V. Deputy Commissioner of Income Tax, Circle-2(1), Guntur

ITA 569/VIZ/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6611 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 12-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D V SUBBA RAO

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. 569 / VIZ /201 8 (ASST. YEAR : 20 07 - 08 ) GUNTUPALLI RAMA LINGESWARA RAO, G - 1, APARNA APARTMENTS, BRUNDAVAN GARDENS, GUNTUR. V S . D CIT, CIRCLE - 2 (1), GUNTUR . PAN NO. ACJPG 0546 J (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADV OCATE . DEPARTMENT BY : SHRI D.V. SUBBA RAO SR. DR DATE OF HEARING : 2 1 / 0 7 /201 9 . DATE OF PRONOUNCEMENT : 02 / 0 8 /201 9 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 1 , GUNTUR , DATED 07 /0 9 /201 8 FOR THE ASSESSMENT YEAR 200 7 - 0 8 . 2. FACTS OF THE CASE, IN BRIEF, ARE THAT IN THIS CASE, THE ASSESSING OFFICER MADE THE ADDITION HAVING REGARD TO THE FACT THAT THERE WAS A DIFFERENCE BETWEEN THE AMOUNTS REFLECTED IN THE VAT RETU R NS AND PROFIT & LOSS ACCOUNT WITH REGARD TO THE PURCHASES. WHEN THE ASSESSING OFFICER HAS POINTED OUT ABOUT THE ABOVE 2 ITA NO. 569/VIZ/2018 ( GUNTUPALLI RAMA LINGESWARA RAO ) DIFFERENCE, THE ASSESSEE AGREED FOR ADDITION. ACCORDINGLY, ASSESSMENT WAS COMPLETED. 3 . ON APPEAL BEFORE THE LD. CIT(A) ADDITION WAS SIMPLY CONTESTED WITHOUT GIVING ANY REASONS , THEREFORE LD. CIT(A) CONFIRMED THE ORDER OF THE ASSESSING OFFICER ON THE GROUND THAT ONCE ADDITION IS MADE ON THE BASIS OF CONSENT, THE APPEAL SHOULD NOT HAVE BEEN FILED . 4 . ON APPEAL BEFORE US, LD. AR RELIED ON THE GR O UNDS OF APPEAL, WHEREAS , LD.DR RELIED ON THE ORDERS OF THE AUTHORITIES BELOW. 5. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIAL AVAILABLE ON RECORD AND ORDERS OF THE AUTHORITIES BELOW. 6 . WE FIND THAT THE ASSESSING OFFICER MADE THE ADDITION IN RESPECT OF DIFFERENCE BETWEEN THE AMOUNTS REFLECTED IN THE VAT RETURNS AND THE PROFIT & LOSS ACCOUNT RELATES TO THE PURCHASES. WHEN THE ASSESSING OFFICER HAS POINTED OUT THE SAME, THE ASSESSEE HAS GI VEN CONSENT FOR ADDITION, ACCORDINGLY, ASSESSMENT WAS COMPLETED. EVEN BEFORE THE LD. CIT(A), NO DETAILS WERE FILED, HENCE, HE CONFIRMED THE ORDER OF THE ASSESSING OFFICER. EVEN BEFORE US, NO DETAILS ARE FILED AND NO EXPLANATION IS GIVEN IN RESPECT OF DIF FERENCE BETWEEN THE AMOUNTS REFLECTED IN THE VAT RETURNS AND PROFIT & LOSS ACCOUNT. IN VIEW OF THE ABOVE, WE FIND 3 ITA NO. 569/VIZ/2018 ( GUNTUPALLI RAMA LINGESWARA RAO ) NO REASON TO INTERFERE WITH THE ORDER PASSED BY THE LD. CIT(A). THUS, THIS APPEAL FILED BY THE ASSESSEE IS DISMISSED. 7 . IN THE RESULT, APPE AL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 2 N D DAY OF AUGUST , 201 9 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 0 2 N D AUGUST , 201 9 . VR/ - COPY TO: 1. THE ASSESSEE GUNTUPALLI RAMA LINGESWARA RAO, G - 1, APARNA APARTMENTS, BRUNDAVAN GARDENS, GUNTUR. 2. THE REVENUE - DCIT, CIRCLE - 2(1), GUNTUR. 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.