1997 PTD 2399

I.T.A. NO. 4457/LB OF 1992-93 Versus I.T.A. NO. 4457/LB OF 1992-93

Citation1997 PTD 2399

CourtIncome Tax Appellate Tribunal

ORDER

This appeal have been filed by the department against the order of the CIT(A) for the assessment year 1991-92. The appellant has agitated the application of G.P. rate at 8%. The appellant has also agitated the additions in the P&L Account. The ground taken in this regard is vague and, therefore, cannot be entertained as no specified item has been agitated which is violation of Rule 10 of the ITAT Rules, 1981.

2. None was present for the appellant when the appeal was called out for hearing in spite of service of notice. Therefore, this appeal is taken up for disposal by resort to Rule 20(2) of the Income Tax Appellate Tribunal Rules, 1981.

3. The brief facts of the case are that the assessee, a registered firm, derives income from Cement Agency. The appellant declared sales at 8.2,536,000 to which G.P. rate at 4.57% was applied. The assessing officer after, discussing various aspects of the case in the body of the assessment order estimated the sales at Rs.2,630,000 to which G.P. rate at 8% was applied. After making some additions in the profit and loss account the income of the appellant was determined at Rs.159,000. The appellant being aggrieved filed appeal before the CIT(A) who reduced the estimate of sale to Rs. 2,550,000, some relief was allowed in the P&L Account additions whereas the application of G.P. rate was upheld.

4. We have heard the D. R. and gone through the orders passed by the officers below. We find the G.P. rate at 8% was applied by the assessing officer following the history of the case and the same was confirmed by the CIT(A) for similar reason. The appellant is absent to controvert the findings of the officers below. Even otherwise the order of the CIT(A) is unexceptionable which is, therefore, maintained. The appeal is dismissed.

C.M.S./385/'Trib. Appellant dismissed.