Itta/593/2012 Of Commissioner Of Income Tax - Ii v. M/S. Tci Hi-Ways Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH,HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND THE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A. No. 593 of 2012 DATE: 17.07.2013 Between: Commissioner of Income Tax-IIHyderabad. … Appellant And M/s. TCI Hi-ways Pvt., Ltd.,Secunderabad. … Respondent This court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A. No. 593 of 2012 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Having heard Sri S.R. Ashok, learned senior counsel appearing for theappellant and having gone through the impugned judgment and order of thelearned Tribunal, we are of the opinion that no question of law is involved inthis matter. The learned Tribunal in exercise of its discretion has reduced expensesfrom Rs.65,00,000/- to Rs.47,49,115/-. As those expenses were unvouched,the assessing officer made an estimate in his own bona fide, at a sum ofRs.65,00,000/-. The learned Tribunal found that it is highly disproportionate. Therefore, we cannot substitute our discretion in this appeal. The appeal is accordingly dismissed. No order as to costs. ______________________ K.J. SENGUPTA, CJ _______________ G. ROHINI, J