M/s. Nagacandra Lime Briquttees Pvt. Ltd.,, Visakhapatnam v. The CIT-I, Visakhapatnam

ITA 476/V/09 M/S. NAGACHANDRA LIME BR IQUETTEES P LTD VSKP IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER AND SHRI BR BASKARAN ACCOUNTANT MEMBER ITA NO. 476 /VIZAG/ 20 09 ASSESSMENT YEAR : 2004 - 05 M/S. NAGACHANDRA LIME BRIQUETTEES PVT. LTD. VISAKHAPATNAM CIT - 1 VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO.AAACH 7407P APPELLANT BY: N O N E RESPONDENT BY: SHRI TH.L. PETER CIT(DR) ORDER PER SHRI S.K. YADAV JUDICIAL MEMBER : - THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT REVISING THE ASSESSMENT ORDER U/S 263 OF THE ACT ON A SOLITARY GROUND THAT THE DIFFERENCE IN THE TURNOVER POINTED OUT BY THE CIT WAS NOT PERTAINING TO THE ASSESSMENT YEAR 2004 - 05 AND THE SAME WAS DULY REFLECTED IN A.Y. 2005 - 06. THEREFORE NO ADDITION AS DIRECTED BY THE CIT IS CALLED FOR. 2. THIS APPEAL CAME UP FOR HEARING ON 3 RD OF FEBRUARY 2011 BUT NONE APPEARED ON BEHALF OF THE ASSESSEES DESPITE OF LAST OPPORTUNITY GRANTED TO HIM ON 22 ND SEPTEMBER 2010. WE THEREFORE HAD NO OPTION BUT TO PROCEED EX - PARTE AGAINST THE ASSESSEE AND TO HEAR THE APPEAL. ACCORDINGLY THE REVENUE WAS HEARD. 3. WE HAVE CAREFULLY PERUSED THE ORDER OF THE CIT AND THE ASSESSMENT ORDER AND WE FIND THAT CIT HAS NOTICED ON SCRUTI NIZING THE ASSESSMENT RECORD THAT IN SALES TAX ASSESSMENT ORDER THE TOTAL TURNOVER OF THE COMPANY WAS SHOWN AT RS.1 15 33 110/ - WHEREAS AS PER RETURN OF INCOME THE TOTAL TURNOVER SHOWN IN THE P&L ACCOUNT IS RS.96 95 890/ - . THEREFORE ASSESSEE WAS DIREC TED TO SHOW CAUSE AS TO WHY THE DIFFERENCE OF RS.9 97 884/ - SHOULD NOT BE ADDED BACK. THOUGH THE ASSESSEE HAS FILED THE WRITTEN SUBMISSION STATING THEREIN THAT A BILL OF RS.9 16 830/ - PERTAINING TO APRIL 2004 WAS ITA 476/V/09 M/S. NAGACHANDRA LIME BRIQUETTEES P LTD VSKP 2 ERRONEOUSLY INCLUDED IN THE TURNOVER OF T HE FINANCIAL YEAR 2003 - 04 IN THE RETURN WITH COMMERCIAL TAX DEPARTMENT BUT NO EVIDENCE TO THIS EFFECT WAS PRODUCED BEFORE THE CIT. CIT THEREFORE DIRECTED THE A.O. TO MAKE THE ADDITION OF THE DIFFERENCE IN TURNOVER. 4 . NOW THE ASSESSEE IS BEFORE US. BUT HE COULD NOT PRODUCE ANY EVIDENCE IN SUPPORT OF HIS CONTENTION THAT BILL OF RS.9 16 830/ - PERTAINING TO APRIL 2004 WAS ERRONEOUSLY INCLUDED IN THE TURNOVER OF THE FINANCIAL YEAR 2003 - 04 IN THE RETURN FILED WITH THE COMMERCIAL TAX DEPARTMENT. WE HAVE ALSO CAREFULLY EXAMINED THE ASSESSMENT ORDER AND WE FIND THAT THE ASSESSING OFFICER HAS NOT EXAMINED THIS ISSUE. THEREFORE WE FIND NO INFIRMITY IN THE ORDER OF THE CIT. WE HOWEVER DO NOT AGREE WITH THE DIRECTION OF THE CIT TOWARDS THE ADDITION OF THE SAID AMOUNT. WE ACCORDINGLY MODIFY DIRECTION OF THE CIT AND ASK THE ASSESSING OFFICER TO RE - EXAMINE THE ISSUE A FRESH IN THE LIGHT OF EVIDENCE FILED BY THE ASSESSEE IN THIS REGARD . 5 . IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 7.2 .20 1 1 SD/ - SD/ - (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM DATED 7 TH FEBRUARY 20 1 1 COPY TO 1 MR. K. JAGADEESWARA RAO MANAGIN G DIRECTOR M/S. NAGACHANDRA LIME BRIQUETTEES PVT. LTD. 9 - 6 - 97 SIVAJIPALEM OPP. SIVAJI PARK VISAKHAPATNAM - 530 017. 2 CIT - 1 VISAKHAPATNAM 3 THE CIT (A) VISAKHAPATNAM 4 THE DR ITAT VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM