MAYURI RESTAURANT AND BAR,HYDERABAD vs. INCOME TAX OFFICER, WARD-9(4), HYDERABAD

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ITA 1763/HYD/2017Status: DisposedITAT Hyderabad11 July 2018AY 2013-143 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal dismissed the appeal for want of prosecution due to the assessee's non-compliance and lack of representation. The findings of the CIT(A) were also upheld as uncontroverted.

What were the facts?

The assessee failed to rectify defects in their appeal and did not appear before the tribunal. The assessment was completed ex-parte under Section 144 due to non-compliance with notices, estimating business income and adding unexplained cash credits.

What were the issues?

Whether the appeal should be dismissed for non-prosecution and lack of compliance. Whether the ex-parte assessment and additions made by the AO and confirmed by CIT(A) are sustainable.

Which sections of the Income-tax Act were involved?

Section 143(2),Section 142(1),Section 131,Section 144

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI S. RIFAUR RAHMAN

For Respondent: Smt. N. Swapna

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B”, HYDERABAD

BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER

ITA No. 1763/Hyd/2017 Assessment Year: 2013-14 M/s Mayuri Restaurant & Bar, vs. Income-tax Officer, Hyderabad. Ward – 9(4), Hyderabad.

PAN – AAMFM 3120H

(Appellant) (Respondent)

Assessee by : None Revenue by : Smt. N. Swapna

Date of hearing : 02-07-2018 Date of pronouncement : 11-07-2018

O R D E R PER S. RIFAUR RAHMAN, A.M.: This appeal of the assessee is directed against the order of dated 26/07/2017 of CIT(A) – 7, Hyderabad, for AY 2013-14.

2.

When the appeal came for hearing today i.e. on 02/07/2018, none appeared on behalf of the assessee nor there is a request for adjournment of the case. Assessee has not rectified the defects pointed out by the Registry on 27/10/2017. Normally, defects should be rectified within 15 days of issue of defect memo. The case was posted on 09/04/2018 for rectification and even extended the time for rectification. Assessee has not rectified nor taken steps to represent the case before the Bench. In these circumstances, we are of the view that the assessee is not interested in prosecuting its appeal. It has been held by the Hon’ble Supreme Court in the case of B.N. Bhttachargee & Anr., 118 ITR 461 that appeal does not mean only filing of memo of appeal but also pursuing it effectively. In cases where the assessee does not want to pursue the appeal, Court/Tribunal have inherent power to dismiss the appeal for non-

2 ITA No. 1763 /Hyd/2017 Mayuri Restaurant and Bar, Hyd.

prosecution as held by Hon’ble High court of Mumbai in the case of M/s Chemipol Vs. Union of India in Excise appeal No. 62 of 2009. Therefore, respectfully following the decision of the Tribunal in the case of Multiplan (India) Ltd., (38 ITD 320) and Madhya Pradesh High Court in Late Tukojirao Holkar (223 ITR 480), we dismiss this appeal of the assessee for want of prosecution.

3.

Even on merits, it is observed that the assessee is a firm deriving income from business of Bar and Restaurant. It filed its Return of Income for A.Y.2013-14 on 27.09.2013 declaring total income of Rs.2,89,490/-. The case was selected for scrutiny under CASS and notice u/s 143(2) and 142(1) of the Act were issued and served on the assessee. Since the assessee did not respond to these notices, summons u/s 131 of the Act dt. 15.02.2016 and show cause notice dt. 10.03.2016 were issued to the partners Sri G.Ramana Reddy and Sri G.Ram Reddy to attend personally and furnish the information,. Since there was no compliance, the assessment was completed u/s 144 of the Act estimating income from business @ 10% which works out to Rs. 29,59,048/- and unexplained cash credits in ICICI Bank at Rs. 50,85,915/- determining total income at Rs. 80,44,963/-. On appeal, the CIT(A) confirmed the order of AO by observing that no evidence was led to prove the source of cash deposits in the bank accounts and mere averment without any evidence will not absolve the assessee from the tax liability. No books of account including cash book were produced before the undersigned and before the AO in support of his contention.

4.

Since, there is no Representation from the assessee and the findings of the CIT(A) are uncontroverted, we uphold the order of CIT(A) and dismiss the appeal of the assessee.

3 ITA No. 1763 /Hyd/2017 Mayuri Restaurant and Bar, Hyd.

5.

In the result, the appeal filed by the assessee is dismissed.

Pronounced in the open court on 11th July, 2018.

Sd/- Sd/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 11th July, 2018. kv

Copy to:- 1) M/s Mayuri Restaurant & Bar, H.No. 4-12-61, HUDA Sai Nagar, Hyderabad. 2) ITO, Ward – 9(4), Hyd. 3) CIT(A) – 7, Hyderabad. 4) Pr. CIT – 7, Hyd. 5) The Departmental Representative, I.T.A.T., Hyderabad. 6) Guard File

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