9911796707
TMI Blog2014 (4) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondent : None ORDER Per B. Ramakotaiah, A.M. This appeal by Revenue is directed against the Order of the CIT(A)-VI, Hyderabad dated 28.08.2013 for the A.Y. 2009-2010. The Revenue in its appeal has raised 6 grounds on two issues i.e., rejection of books of accounts and estimation of profits. The case is posted for hearing and notice was sent through RPAD to assessee, but the same is returned un-served with a postal remark addressee left . There is no intimation about change of address. Accordingly, after hearing the learned D.R. the case was decided ex-parte assessee. 2. Brief facts of the case are that the assessee is carrying on the business of retail trade in liquor under the name and style of Laxmi Wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uplication of income. 4. Aggrieved by the order of the CIT(A), the Revenue preferred appeal before the Tribunal raising the following grounds : 1. The order of Ld. CIT(A) is erroneous on the facts and in the circumstances of the case. 2. The Ld. CIT(A) ought to have upheld the estimation of sales @ 27% of the cost of liquor put to sale as per Government of A.P. Prohibition Excise GOMs.184 dated 07.02.2005 and assessment of understatement of sales. 3. The Ld. CIT(A) erred in relying on the decision of ITAT in the case of M/s. Amaravathi Wines, Hyderabad the net prof it has been estimated @ 5% of the cost of liquor put to sale taking the previous history of prof it whereas the assessee has no past history and the liquor traders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n record in the light of the impugned orders of the CIT(A). We find that the issue involved in the present appeal is squarely covered by the consistent view taken by the coordinate benches of this Tribunal in similar matters, as in the case of ITO V/s. Shri Pittala Yakaiah, Nalgonda Ors. in ITA No. 2191/Hyd/2011 Ors., wherein this Tribunal vide dated 13 th April, 2012, held that income of the assessees in the line of liquor business has to be estimated at 5% cost of sales made by them. In fact, the CIT(A) directed the Assessing Officer to determine the profit @ 5% of the cost of the goods sold relying on the order of the Tribunal in the case of M/s. Amaravati Wine Shop, in ITA No. 1196/Hyd/2011 dated 8.6.2012. Since the impugned order o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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