HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A.No.614 OF 2014
DATED: 10.09.2014 Between:
Commissioner of Income Tax-III … Appellant and Sri Uppalapati Srinivasulu … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A.No.614 of 2014
JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal is preferred and sought to be admitted against the judgment and order dated 23.04.2014 passed by the learned Tribunal in I.T.A.No.161/Hyderabad/2013 in relation to the assessment year 2009-10 on the following suggested question of law.
i. In the facts and circumstances of the case, whether the Hon’ble Tribunal (ITAT) is correct in law in holding that no separate disallowance of expenditure can be made once the income of the Respondent-assessee is estimated without appreciating the fact that the income was not estimated by the Assessing Officer but was offered by the Respondent-assessee on estimation and that no where in the order of the Assessing Officer was the rejection of the books recorded?
ii. In the facts and circumstances of the case, whether the Hon’ble Tribunal (ITAT) is correct in law in deleting the disallowance on the ground that the income was estimated without considering the ground that whether the purchase of harvester in cash comes within the purview of exceptions provided in Rule 6DD of the Income Tax Act 1961?
We have heard Mr. B.Narasimha Sarma, learned counsel for the appellant and gone through the impugned judgment and order of the learned Tribunal.
Nothing has been produced before us nor anything could be gathered from the record that the assessee has been maintaining any books of account or he has produced the audited books of account before any officers below. On the other hand, it could be found from the order of the assessing officer that in real sense, there has been no books of account. Under those circumstances, the income was estimated. When estimation is done, it takes care of all the deductions allowable under the statute. Hence, there is nothing wrong in the impugned judgment and order of the Tribunal.
Hence, we dismiss this appeal. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
10th SEPTEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni