Vinay Kumar Gupta Mukka, Nizamabad V. Income Tax Officer, Ward-1, Nizamabad

ITA 1028/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1454 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 01-06-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 21-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK KARDAM
• Section: 143(3); 20

Judgement Text

S IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L . P . SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 1028 /HYD/201 9 (ASSESSMENT YEAR : 20 15 - 16 ) SHRI VINAY KUMAR GUPTA MUKKA, NIZAMABAD . PAN ADGPM 5788C ..APPELLANT. VS. INCOME TAX OFFICER, WARD 1, NIZAMABAD. ..RESPONDENT. APPELLANT BY : NONE. RESPONDENT BY : SHRI ASHOK KARDAM ( D.R.) DATE OF HEARING : 01.06 .2021. DATE OF PRONOUNCEMENT : 29 .0 6 .2021. . O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 2015 - 16 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 1, HYDERABAD S ORDER DT. 11.02.2019 PASSED IN CASE NO. 0437/2017 - 18/ITO, WARD 1, NIZAMABAD / CIT(A) - 2 ITA NO. 1028/HYD/2019 1/HYD/2018 - 19 IN PROCEEDINGS UNDER SECTION 143(3) OF INCOME TAX ACT, 1961 (THE ACT). C ASE C ALLED TWICE . N ONE APPEAR S AT THE ASSESSEE'S BEHEST. WE ACCORDINGLY PROCEEDED EXPARTE. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT CIT(A)S LOWER APPELLATE ORDER UNDER CHALLENGE AFFIRMING THE ASSESSING OFFICERS ACTION ESTIMATING 8% PROFIT OF ITS TOTAL TURNOVER IN SECURITIES TRADING TO THE TUNE OF RS.59,12,614; COMING TO RS.4,73,009, H AS BEEN PASSED EXPARTE. 3. LEARNED CIT - DR HAS VEHEMENTLY CONTENDED THAT THE CIT(A)S LOWER APPELLATE DISCUSSION IN PARA 4 SEEMS TO HAVE AFFORDED ATLEAST FIV E OPPORTUNITIES OF HEARING COUPLED WITH NOTICE ON THE ASSESSEE'S COUNSEL S E - MAIL. HE FAILS TO DISUTE THAT NEITHER THERE IS ANY INDICATION OF THE SAID HEARING NOTICES HAVING BEEN ACTUALLY SERVED ON THE ASSESSEE NOR THE CIT(A) HAS ADJUDICATED ASSESSEE'S GR OUNDS RAISED IN THE LOWER APPEAL ON MERITS AS PER SECTION 250(6) OF THE ACT REQUIRING FRAMING OF THE POINTS OF DETERMINATION FOLLOWED BY 3 ITA NO. 1028/HYD/2019 A DETAILED ADJUDICATION. WE THEREFORE DEEM IT APPROPRIATE TO RESTORE THE ASSESSEE'S INSTANT SUBSTANTIVE GRIEVANCE T O THE CIT(A) FOR HIS AFRESH APPROPRIATE ADJUDICATION WITHIN THREE OPPORTUNITIES OF HEARING. ORDERED ACCORDINGLY. 4. THIS ASSESSEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 29TH JUNE , 2021. SD/ - SD/ - (L .P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 29. 0 6 .2021. * REDDY GP COPY TO : 1. SRI VINAY KUMAR GUPTA MUKKA, 7 - 7 - 31, KUMAR GALLY, NIZAMABAD - 503 001 2. ITO, WARD - 1, NIZAMABAD. 3. PR. C I T - 5 , HYDERABAD. 4. CIT(APPEALS) - 1, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.