GIRI POLISETTY ,HYDERABAD vs. INCOME TAX OFFICER, WARD-16(4), HYDERABAD
In the result, grounds are considered allowed for statistical purposes
ITA 298/HYD/2018[2009-10]Status: DisposedITAT Hyderabad12 Jul 2018AY 2009-10
Bench: Shri B. Ramakotaiahassessment Year: 2009-10 Shri Giri Polisetty Vs. Ito, Hyderabad. Ward – 16(4), Hyderabad. Pan – Ahgpp4748K (Appellant) (Respondent) Assessee By : Shri T. Rajendra Prasad Smt. B.K. Vishnu Priya Revenue By : Date Of Hearing : 12-07-2018 Date Of Pronouncement : 18-07-2018 Order Per Shri B. Ramakotaiah, Am: This Is An Appeal By The Assessee Against The Order Of Cit(A)-4, Hyderabad Dated 27.11.2017. 2. Briefly Stated Facts Are That Assessee, An Individual Is Doing Business & Also Has Salary & House Property Incomes. Assessee Filed Return Of Income Admitting Total Income Of Rs. 94,470/- & The Assessment Has Been Completed Assessing The Income At Rs. 12,49,470/-. As A.O Noticed That Assessee Has Claimed Tds On An Amount Of Rs. 9,45,000/- Received From M/S Marble Estate (India) Pvt. Ltd., Which Was Not Disclosed In The Return Filed, He Has Initiated Proceedings U/S 147 Of The It Act After End Of The Four Year Period & Obtained Approval Of The Pr. Cit As Per The Provision Of The Act. In The Reassessment Proceedings On The Reason That No Information Has Been 2 Shri. Giri Polisetty, Hyd. Filed By Assessee, A.O Has Brought The Amount Of Rs. 9,45,000/- To Tax. 3. Before The Ld. Cit(A), Assessee Contested The Issue Of Reopening As Well As Bringing To Tax An Amount Of Rs. 9,45,000/-. It Was The Submission That Assessee Has Received The Amount In The Proprietary Concern Of M/S G.P Infotainment Towards Advertisement & The Same Was Paid To Zee News Ltd., For Telecasting The Advertisement. It Was Submitted That The Total Expenditure On Advertisement Was Of Rs. 10,02,455/-, Which Resulted In A Loss Of Rs. 57,477/-. As The Activity Resulted In Loss, The Assessee Did Not Offer The Same In The Return. It Was Claimed That Corresponding Expenditure Should Be Allowed. Ld. Cit(A) However, Dismissed The Contentions By Stating As Under:
For Appellant: Shri T. Rajendra PrasadFor Respondent: Date of hearing
Section 143(3)Section 147
TDS on an amount of Rs. 9,45,000/- received from M/s Marble Estate (India)
Pvt. Ltd., which was not disclosed in the return filed, he has initiated proceedings u/s 147 of the IT Act after end of the four year period and obtained approval of the Pr. CIT as per the provision of the Act. In the reassessment