Gaddam Venkata Narayana , Hyderabad V. Income Tax Officer, Ward-14(1), Hyderabad

ITA 1093/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8679 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2011-2012
• Appeal Filed On: 04-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROHIT MAJUMDAR
• Assessee Lawyers: P MURALI MOHANA RAO
• Keywords: Unexplained cash credit
• Section: 153A; 13; 68; 12; 144; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO S . 1093 & 1095 /HYD/201 9 (ASSESSMENT YEAR S : 2011 - 12 & 2014 - 15 ) SHRI GADDAM VENKATA NARAYANA, 854 - F, ROAD NO.44, NEAR PEDDAMMA TEMPLE, JUBILEE HILLS, HYDERABAD. PAN ACWPG 9569N VS. INCOME TAX OFFICER, WARD 14(1), HYDERABAD. APPELLANT RESPONDENT APPELLANT BY : SHRI P. MURALI MOHANA RAO. RESPONDENT BY : SHRI ROHIT MAJUMDAR (D.R) DATE OF HEARING : 09.02. 2021. DATE OF PRONOUNCEMENT : 19 .03.20 21. O R D E R PER S.S. GODARA, J.M. : TH E S E ASSESSEES APPEAL S FOR THE ASST. YEAR S 2011 - 12 & 2014 - 15 ARISE FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 12, HYDERABAD ORDER S ; BOTH DT. 25.09.2018 , PASSED IN C ASE NO S . 10409/2017 - 18 & 10416/2017 - 18 , IN PROCEEDINGS U/S. 14 4 R.W.S. 153A OF INCOME TAX ACT, 1961 (THE ACT) ; RESPECTIVELY . HEARD BOTH THE PARTIES . C ASE FILE S PERUSED. 2. WE NOTICE AT THE OUTSET TH A T BOTH THESE APPEALS SUFFER FROM IDENTICAL 159 DAYS DELAY IN FILING STATED TO BE ATTRIBUTABLE TO VARIOUS MISCELLANEOUS REASONS ALONG WITH COMMUNICATION GAP GOING UNRESULTED FROM THE DEPARTMENT SIDE. CASE LAW COLLECTOR LAND ACQUISITION VS. MST. KATIJI & ORS (1987) AIR 1353 (SC) AND UNIVERSITY OF DELHI VS. UNION OF INDIA, CIVIL APPEAL NO.9488 & 9489/ 2019 DATED 17 TH DEC., 2019, HOLD S THAT ALL TECHNICAL ASPECTS INCLUDING DELAY; IF SU FFICIENTLY EXPLAINED, MUST MAKE WAY FOR THE CAUSE OF SUBSTAN TIAL JUSTICE. WE GO BY THE V ERY REASONING AND CONDONE 2 ITA NO S . 1093 & 1095/HYD/2019 THE IMPUGNED DELAY OF 159 DAYS A S NEITHER INTENTION AL NOR DELIBERATE BUT DUE TO THE CIRCUMSTANCES BEYOND ASSESSEE'S CONTROL. THESE TWO MAIN CASES ARE NOW TAKEN UP FOR ADJUDICATION THEREFORE . 3. WE NOW NOTICE THAT THESE ASSESSEE'S TWI N APPEALS IN AYS 2011 - 12 AND 2014 - 15 RAISE IDENTICAL SUBSTANTIVE GROUN D ( S ) CHALLENGING LEGALITY OF SECTION 153A PROCEEDINGS ON VARIOUS FACETS FOLLOWED BY SECTION 68 ADDITION (S) OF RS.1,18,63,028 AND RS.39,02,608 UNDER THE HEAD UNEXPLAINED CASH CREDIT/DEPOSIT ON MERIT S , RESPECTIVELY. WITH THE ABLE ASSISTANCE OF BOTH THE PAR TIES, WE FIND THAT THIS T RIBUNALS CO - ORDINATE B ENCH S ORDER IN ASSESSEE'S OWN CASES ITA NOS.1092 & 1094/HYD/ FOR A.YS. 2010 - 11 AND 2012 - 13 DT.27.01.2021 HAS RESTORED THE VERY ISSUE (S) TO THE FILE OF ASSESSING OFFICER FOR HIS AFRESH FACTUAL VERIFICATION. L EARNED C OUNSEL THEREIN HAD UNDERTAKEN TO PROVE ALL THE THREE INGREDIENTS OF IDENTITY, GENUINENESS AND CREDITWORTHINESS OF THE CO NCERNED PARTIES AFTER PUTTING IN APPEARANCE BEFORE THE ASSESSING OFFICER ON OR BEFORE 30.06.2021 A T HIS OWN RISK AND RESPONSIBILITY. WE F OLLOW JUDICIAL CONSISTENCY IN ABOVE TERMS AND RESTORE THE ASSESSEE'S IMPUGNED IDENTICAL TWIN SUBSTANTIVE GROUNDS BACK TO THE FILE OF ASSESSING OFFICER FOR HIS FRESH ADJUDICATION IN THE VERY TERMS . 4. THESE TWO ASSESSEE'S APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 19TH MARCH, 2021. SD/ - SD/ - (LAXMI PRASAD SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER * REDDY GP COPY TO : 1. SHRI GADDAM VENKATA NARAYANA,854 - F, ROAD NO.44, NEAR PEDDAMMA TEMPLE, JUBILEE HILLS, HYDERABAD. 2. ITO, WARD 14(1), HYDERABAD. 3. PR. C I T (CENTRAL), HYDERABAD. 4. CIT(APPEALS) - 12, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. 3 ITA NO S . 1093 & 1095/HYD/2019 BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.