Appeal Details
| RSA Number | 32922514 RSA 2013 |
|---|---|
| Assessee PAN | AHFPB4731M |
| Bench | Hyderabad |
| Appeal Number | ITA 329/HYD/2013 |
| Duration Of Justice | 6 month(s) 15 day(s) |
| Appellant | ITO, Ward-1,, Nalgonda |
| Respondent | Sri Prasad Bandaru,, Nalgonda |
| Appeal Type | Income Tax Appeal |
| Pronouncement Date | 03-10-2013 |
| Appeal Filed By | Department |
| Order Result | Partly Allowed |
| Bench Allotted | B |
| Tribunal Order Date | 03-10-2013 |
| Assessment Year | 2009-2010 |
| Appeal Filed On | 18-03-2013 |
| Judgment Text |
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B' HYDERABAD BEFORE SHRI CHANDRA POOJARI ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY JUDICIAL MEMBER ITA NO. 329/HYD/2013 ASSESSMENT YEAR 2009-10 THE INCOME TAX OFFICER WARD-1 NALGONDA VS. SRI PRASAD BANDARU NALGONDA PAN: AHFPB4731M APPELLANT RESPONDENT APPELLANT BY: SRI BHANU PRASAD REDDY RESPONDENT BY: SRI A.V. RAGHURAM DATE OF HEARING: 0 3 .10.2013 DATE OF PRONOUNCEMENT: 0 3 .10.2013 O R D E R PER CHANDRA POOJARI AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-VI HYDERABAD DATED 17.12.2012 FOR A.Y. 200 9-10. 2. THE CRUX OF THE GROUNDS RAISED BY THE REVENUE IS THAT THE CIT(A) OUGHT TO HAVE UPHELD THE ESTIMATION OF SALES @ 27% OF THE COST OF LIQUOR PUT AS PER THE GOVERNMENT OF A.P . PROHIBITION & EXCISE GO. MS NO. 184 DATED 7.2.2005 AND ASSESSM ENT OF UNDERSTATEMENT OF SALES INSTEAD OF DIRECTING THE AS SESSING OFFICER TO ESTIMATE THE NET PROFIT AT 5% ON THE PUR CHASES OR STOCK PUT FOR SALE DURING THE YEAR WHICHEVER IS MO RE. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. SIMILAR ISSUE CAME FOR CONSIDERATION BEF ORE THIS TRIBUNAL IN THE CASE OF M/S. KANAKA DURGA WINES HY DERABAD IN ITA NO. 591/HYD/2011 WHEREIN THE TRIBUNAL VIDE O RDER DATED 28.7.2011 HELD THAT 5% OF GROSS RECEIPTS HAS TO BE CONSIDERED AS ITA NO. 329/HYD/2013 SRI PRASAD BANDARU ================== 2 PROFIT OF THE ASSESSEE. ACCORDINGLY THE GROUND TA KEN BY THE REVENUE IS PARTLY ALLOWED. 4. IN THE RESULT APPEAL OF THE REVENUE IS PARTLY ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD OCTOBER 2013 SD/ - (SAKTIJIT DEY) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD DATED 3 RD OCTOBER 2013 TPRAO COPY FORWARDED TO: 1. THE INCOME TAX OFFICER WARD - 1 NEAR RAILWAY UNDER BRIDGE HYDERABAD ROAD MARRIGUDA POST NALGONDA-508 001. 2. SRI PRASAD BANDARU PROP. VINAYAKA WINES H. NO. 6 - 6 - 277 VIVEKANANDA COLONY NALGONDA. 3. THE CIT(A) - VI HYDERABAD. 4. THE CIT - VI HYDERABAD. 5. THE DR 'B' BENCH ITAT HYDERABAD
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