Sudhakar Bajjuri , Warangal V. Income Tax Officer, Ward-3, Warangal

ITA 1072/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7667 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 25-03-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 01-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N. ESTHER
• Keywords: Unexplained cash credit
• Section: 201; 72

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B - SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODA R A, JUDICIAL MEMBER ITA NO. 1072 /HYD./20 19 ASSESSMENT YEAR: 201 5 - 16 S HRI SUDHAKAR BAJJURI VS. ITO, WARD 3 HYDERABAD WARANGAL [PAN: AHGPB4933Q ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI T. CHAITANYA KUMAR, AR FOR REVENUE : S MT. N. ESTHER, D.R. DATE OF HEARING : 2 5 /0 3 /2021 DATE OF PRONOUNCEMENT : 29 /0 3 /2021 O R D E R TH IS ASSESSEES APPEAL FOR AY 2015 - 16 ARISE S AGAINST THE C OMMISSIONER OF INCOME TAX (APPEALS) - 3 [CIT(A)] S HYDERABAD S ORDER FOR A.Y. 201 5 - 16 DATED 17.06. 2019 PASSED IN CASE NO. 10063 /201 8 - 19 , IN PROCEEDINGS U/S 143 ( 3 ) OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT EMERGES FROM PERUSAL OF ASSESSEES REVISED FORM 36 THAT HIS SOLE SUBSTANTIVE GRIEVANCE CHALLENGES THE CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION IN MAKING UNEXPLAINED CASH CREDIT S ADDITION OF RS.5,13,140/ - . LEARNED COUNSELS ONLY CASE IS THAT N EITHER OF THE LOWER AUTHORIT IES HAS GIVEN CREDIT TO THE ASSESSEES WITHDRAWALS NOR PEAK OF THE IMPUGNED DEPOSITS HAS BEEN CONSIDERED FOR THE PURPOSE OF ARRIVING AT THE CORRECT AMOUNT LIABLE TO BE ADDED . I THEREFORE DEEM IT APPROPRIATE IN THESE FACT S AND CIRCUMSTANCES ITA NO. 10 72 /HYD/20 19 AY 201 5 - 16 SHRI SUDHAKAR BAJJURI, WARANGAL 2 THAT THE A SSESSING O FFICER NEEDS TO EXAMINE ALL THESE ISSUES RELATING TO THE ABOVE SOLE GROUND OF UNEXPLAINED CASH CREDITS AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. THE ASSESSEE OR HIS AUTHORIZED REPRESENTATIVE SHALL APPEAR BEFORE THE ASSESSING OFFICER ON OR BEFORE 31.08.2021 WITH ALL RELEVANT DETAILS AT HIS OWN RISK AND RESPONSIBILITY. TH IS ASSESSEES A PPEAL IS ALLOWED FOR STATISTICAL PURPOSES I N ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 29 /0 3 /2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER DATED: 29 TH MARCH, 2021 GMV COPY OF ORDER FORWARDED TO: 1. SHRI SUDHAKAR BAJJURI, C/O SHRI T.CHAITANYA KUMAR, ADVOCATE, FLAT NO.102, GOWRI APARTMENTS, H.NO. 3 - 6 - 195/B, URDU HALL LANE, HIMAYATNAGAR, HYDERABAD 500 0 29 , TELANGANA. 2. ITO, WARD 3, WARANGAL 3. ACIT, WARANGAL RANGE , WARANGAL 4. CIT(A) - 3 , HYDERABAD . 5. PR.CIT - 3 , HYDERABAD 6 D.R. ITAT HYDERABAD 7. GUARD FILE