M/S. SRI VIJAYALAKSHMI STATIONERY & FANCY MART,VIJAYAWADA vs. THE ITO, VIJAYAWADA

ITA 35/VIZ/2017Status: DisposedITAT Visakhapatnam10 August 2018AY 2011-201245 pages
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What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals. It held that the Revenue failed to establish that the accounting data from the laptop belonged to the assessee and that the Assessing Officer had properly reconciled the available information during the assessment.

What were the facts?

The assessees' appeals were filed with a significant delay, which was condoned by the tribunal due to a technical mistake by the tax consultant. The appeals concerned discrepancies found during a survey and subsequent reassessments, including issues related to property purchase, loan repayment, and accounting data from a laptop.

What were the issues?

Whether the Revenue discharged its burden to prove the ownership of data extracted from a third-party laptop belonging to the assessee, and whether the Assessing Officer properly considered all available material during the assessment.

Which sections of the Income-tax Act were involved?

Section 133A,Section 148,Section 143(3),Section 147,Section 50C,Section 44AF,Section 263

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Cases cited in this judgment(4)Show list

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आयकर अपीलीय अधिकरण, धिशाखापटणम पीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री िी. दुगाा राि,न्याधयक सदस्य एिं श्री धड.एस. सुन्दर ससह, लेखा सदस्य के समक्ष BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER& SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.Nos.31& 33/Viz/2017 (धििाारण िर्ा/Assessment Year:2010-11 and 2011-12)

Ward-1 11-25-167, Main Road, One Town Vijayawada Vijayawada [PAN :ACPPG1246F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.32/Viz/2017 (धििाारण िर्ा/Assessment Year:2010-11) G.Venkata Raman Income Tax Officer Partner.Sri Dhanalakshmi Ward-1(1)

Stationery Mart Vijayawada 11-54-225, Jai Hind Market Main Road, One Town, Vijayawada [PAN :ACPPG1245G] आयकर अपील सं./I.T.A.Nos.34 & 35/Viz/2017 (धििाारण िर्ा/Assessment Year:2010-11 and 2011-12) M/s Sri Vijayalakshmi Stationery & Income Tax Officer Fancy Mart, D.No.11-25-167 Ward-1(1)

Main Road, Vijayawada Vijayawada [PAN :AAIFS1693M] निर्धाऩिती की ओि से/ Assessee by : Shri C.Subramanyam, AR िधजस्व की ओि से/ Revenue by : Shri Deba Kumar Sonowal, DR सुिवधई की तधिीख / Date

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