Sri VGK Prasad., Hyderabad v. The ACIT, Circle-2(1)., Vijayawada

ITSSA 8/VIZ/2008 | misc
Pronouncement Date: 30-12-2010 | Result: Dismissed

Appeal Details

RSA Number 825316 RSA 2008
Assessee PAN AABHV5829F
Bench Visakhapatnam
Appeal Number ITSSA 8/VIZ/2008
Duration Of Justice 2 year(s) 10 month(s) 24 day(s)
Appellant Sri VGK Prasad., Hyderabad
Respondent The ACIT, Circle-2(1)., Vijayawada
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 30-12-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 30-12-2010
Date Of Final Hearing 27-12-2010
Next Hearing Date 27-12-2010
Assessment Year misc
Appeal Filed On 05-02-2008
Judgment Text
IT(SS)A NO.8/V/2008 VGK PRASAD VJA IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER AND SHRI BR BASKARAN ACCOUNTANT MEMBER IT (SS) A NO. 8 /VIZAG/ 20 08 BLOCK PERIOD : 01.04.1985 TO 27.03.1996 V .G.K. PRASAD VIJAYAWADA ACIT CIRCLE - 2(1) VIJAYAWADA (APPELLANT) VS. (RESPONDENT) PAN NO. AABHV 5829F APPELLANT BY: N O N E RESPONDENT BY: SHRI T.L. PETER DR ORDER PER SHRI S.K. YADAV JUDICIAL MEMBER : - THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) ON VARIOUS GROUNDS WHICH ARE AS UNDER: 1. THE ORDER OF THE ASSESSING OFFICER IS ERRONEOUS UNJUST BOTH ON FACTS AND IN LAW AND ALSO IS NOT IN ACCORDANCE WITH THE DIRECTIONS OF THE HONOURABLE ITAT. 2. THE ASSESSING OFFICER ERRED IN DETERMINING THE DIFFERENCE IN THE COST OF CONSTRUCTION OF THE BUILDING AT RS.8 89 120 AS WAS DONE IN THE ORIGINAL ASSESSMENT PROCEEDINGS. 3. THE ASSESSING OFFICER ERRED IN HOLDING THAT THE COST OF CONSTRUCTION OF THE BUILDING AS FIXED BY THE VALUATION CELL O F RS.13 15 120 IS THE CORRECT COST OF CONSTRUCTION INCURRED BY THE APPELLANT WITHOUT CONSIDERING VARIOUS EXPLANATIONS ALREADY SUBMITTED DURING THE COURSE OF ORIGINAL ASSESSMENT PROCEEDINGS. 4. THE ASSESSING OFFICER ERRED IN NOT CONSIDERING THE COST OF CONSTR UCTION OF RS.4 00 000 INCURRED BY THE APPELLANT DURING THE FINANCIAL YEAR 1992 - 93 INSPITE OF THE FACT THAT THE APPELLANT FROM THE DAY OF SEARCH WAS MENTIONING THAT THE CONSTRUCTION OF THE BUILDING WAS COMPLETED ONLY ON 31.3.1993. 5. THE ASSESSING OFFICER ERR ED IN DETERMINING THE TOTAL UNDISCLOSED INCOME AT RS.9 13 423. 6. ANY OTHER GROUND THAT MAY BE URGED AT THE TIME OF HEARING. 2. THIS APPEAL CAME UP FOR HEARING ON 27.12.2010 BUT NONE APPEARED ON BEHALF OF THE ASSESSEES. FROM PERUSAL OF RECORD IT IS NOTICED THAT THIS MATTER WAS LISTED ON VARIOUS DATES BUT MOST OF THE TIME THE HEARING WAS ADJOURNED FOR ONE REASON OR THE OTHER. EVEN ON 7 TH JANUARY 2010 AND 2 ND FEBRUARY 2010 THE HEARING WAS ADJOURNED WITH LAST OPPORTUNITY TO THE ASSESSEES. THIS MATTER AGAIN CAME UP FOR HEARING ON 11 TH OF NOVEMBER 2010 AND ASSESSEE IT(SS)A NO.8/V/2008 VGK PRASAD VJA 2 MOVED AN APPLICATION FOR ADJOURNMENT WHICH WAS AGAIN ACCEDED TO WITH LAST OPPORTUNITY AND THE MATTER WAS ADJOURNED FOR TODAY. DESPITE OF VARIOUS LAST OPPORTUNITIES GIVEN TO THE ASSESS EE NONE APP EARED ON HIS BEHALF WE THEREFORE HAD NO OPTION BUT TO HEAR THE APPEAL. ACCORDINGLY THE ASSESSEE WAS PROCEEDED EX - PARTE AND REVENUE WAS HEARD. 3. THE LD. D.R. HAS INVITED OUR ATTENTION THAT EVEN BEFORE THE CIT(A) NONE APPEARED ON THE LAST DATE OF HEA RING. THE CIT(A) HOWEVER RE - EXAMINED THE ASSESSMENT ORDER AND THE MATERIAL PLACED BEFORE HIM AND CONFIRMED THE ORDER OF THE A.O. DURING THE COURSE OF THE HEARING OF THE APPEAL NO INFIRMITY WAS POINTED OUT IN THE ORDER OF THE CIT(A). WE HOWEVER CAREFU LLY EXAMINED THE ORDER OF THE CIT(A) AND FIND NO INFIRMITY THEREIN . WE THEREFORE CONFIRM THE SAME. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 30.12 .20 10 SD/ - SD/ - (BR BASKARAN) (SUNIL KUMAR YAD AV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM DATED 30 TH DECEMBER 20 10 COPY TO 1 SRI V.G.K. PRASAD C/O SRI S. RAMA RAO FLAT NO.103 INDIRA DEVI NILAYAM HIMAYATNAGAR ST.NO.7 HYDERABAD - 50 0 029. 2 ACIT CIRCLE - 2(1) VIJAYAWADA 3 THE CI T VIJAYAWADA 4 THE CIT (A) VIJAYAWADA 5 THE DR ITAT VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM