Income Tax Officer, Ward-3, Anantapur V. Shri Pattipati Venugopal, Anantapur

ITA 1019/HYD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66355 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 02-07-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K HARILAL NAIK
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER I.T.A. NO. 1019/HYD/2012 ASSESSMENT YEAR 2008-09 THE INCOME TAX OFFICER WARD-3 ANANTAPUR VS. SRI PATTIPATI VENUGOPAL KUCHIVARIPALLI VILLAGE , PAN: AGMPV7575M APPELLANT RESPONDENT APPELLANT BY: SRI K. HARILAL NAIK RESPONDENT BY: NONE DATE OF HEARING: 15 . 1 0.2012 DATE OF PRONOUNCEMENT: 15.10.2012 O R D E R PER CHANDRA POOJARI, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A), GUNTUR DATED 4.4.2012 FOR ASSESSMENT YEAR 2 008-09. 2. THE REVENUE RAISED THE FOLLOWING GROUNDS OF APPEAL: 1. THE ORDER OF THE LEARNED CIT(A), GUNTUR IS ERRONEOU S BOTH ON FACTS AND IN LAW. 2. THE LEARNED CIT(A) IS NOT JUSTIFIED IN TAKING INTO ACCOUNT EVIDENCE PRODUCED WITHOUT GIVING A REASONABLE OPPOR TUNITY TO THE AO TO EXAMINE THE SAID EVIDENCE THEREBY VIOL ATION RULE 46A(3) OF THE INCOME-TAX RULES, 1962. 3. THE LEARNED CIT(A) HAS ERRED IN TREATING THE IMPUGN ED PROPERTIES WAS STOCK-IN-TRADE SINCE THE ASSESSEE HA D NOT CLAIMED THE SAME BEFORE THE ASSESSING OFFICER THAT THE IMPUGNED PROPERTIES WAS STOCK-IN-TRADE. . 3. NONE APPEARED FOR THE ASSESSEE. WE HAVE HEARD THE LEARNED DR. AS SEEN FROM THE ORDER OF THE CIT(A), HE HAS ADMITT ED CERTAIN ADDITIONAL EVIDENCES WITHOUT CALLING FOR A REMAND R EPORT FROM THE ASSESSING OFFICER. BEING SO, IN THE INTEREST OF JU STICE, WE REMIT THE ISSUE BACK TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GIVE AN OPPORTUNITY TO 2 ITA NO. 1019/HYD/2012 SRI PATTIPATI VENUGOPAL ================== THE ASSESSING OFFICER TO COMMENT ON THE INFORMATION COLLECTED BY HIM AT THE TIME OF FIRST APPEAL PROCEEDINGS. 4. IN THE RESULT, APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH OCTOBER, 2012. SD/ - (SAKTIJIT DEY) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 15 TH OCTOBER, 2012 TPRAO COPY FORWARDED TO: 1. THE INCOME TAX OFFICER, WARD - 3, 3 RD ROAD, NEW TOWN, ANANTAPUR. 2. SRI PATTIPATI VENUGOPAL, S/O. P. PEDDA SUBBAIAH, KU CHIVARIPALLI VILLAGE, TADIPATRI, ANANTAPUR DISTRICT. 3 . THE CIT(A), GUNTUR 4 . THE CIT, TIRUPATI 5 . THE DR A BENCH, ITAT, HYDERABAD