Itta/226/2013 Of Commissioner Of Income Tax-Ii v. M/S. Tci Hi-Ways Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI INCOME TAX APPELLATE TRIBUNAL APPEAL NO.226 OF 2013 DATED:10.7.2013 Between: Commissioner of Income Tax-IIHyderabad … Appellant And M/s. TCI Hi-ways Pvt. Ltd.,1-7-293, MG RoadSecunderabad … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A. NO.226 OF 2013 JUDGMENT:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Having heard Mr. S.R. Ashok, learned counsel appearing for theappellant, and having gone through the impugned judgment and orderof the learned Tribunal, we are of the opinion that no question of law isinvolved in this matter. The learned Tribunal in exercise of its discretion has reducedexpenses from Rs.70,00,000/- to Rs.54,90,737/-. As those expenseswere unvouched, the Assessing Officer made an estimate in his ownbona fide, at a sum of Rs.70,00,000/-. The learned Tribunal found thatit is highly disproportionate. Therefore, we cannot substitute ourdiscretion in this appeal. The appeal is accordingly dismissed. No order as to costs. ________________________ K.J. SENGUPTA, CJ ______________________ G. ROHINI, J 10.7.2013 bnr