Itta/614/2014 Of Commissioner Of Income Tax-Iii v. Sri Uppalapati Srinivasulu

HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRAPRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE 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 JYOTISENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.614of2014 JUDGMENT:(per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred and sought to be admittedagainst the judgment and order dated 23.04.2014 passedby the learned Tribunal in I.T.A.No.161/Hyderabad/2013 inrelation to the assessment year 2009-10 on the followingsuggested question of law. i.In the facts and circumstances of the case,whether the Hon’ble Tribunal (ITAT) is correctin law in holding that no separate disallowanceof expenditure can be made once the income ofthe Respondent-assessee is estimated withoutappreciating the fact that the income was notestimated by the Assessing Officer but wasoffered by the Respondent-assessee onestimation and that no where in the order of theAssessing Officer was the rejection of thebooks recorded? ii.In the facts and circumstances of the case,whether the Hon’ble Tribunal (ITAT) is correctin law in deleting the disallowance on theground that the income was estimated withoutconsidering the ground that whether thepurchase of harvester in cash comes within thepurview of exceptions provided in Rule 6DD ofthe Income Tax Act 1961? We have heard Mr. B.Narasimha Sarma, learnedcounsel for the appellant and gone through the impugnedjudgment and order of the learned Tribunal. Nothing has been produced before us nor anythingcould be gathered from the record that the assessee hasbeen maintaining any books of account or he has producedthe audited books of account before any officers below. Onthe other hand, it could be found from the order of theassessing officer that in real sense, there has been nobooks of account. Under those circumstances, the incomewas estimated. When estimation is done, it takes care of allthe deductions allowable under the statute. Hence, there isnothing wrong in the impugned judgment and order of theTribunal. Hence, we dismiss this appeal. No order as to costs. Pending miscellaneous petitions, if any, shall standclosed. 10[th] SEPTEMBER, 2014. ___________________ K.J. SENGUPTA, CJ __________________ SANJAY KUMAR, J kvni