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

ITA 1096/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6826 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 13-01-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 04-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: P MURALI MOHANA RAO
• Keywords: Unexplained cash credit; Additional evidence
• Section: 153A; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 1092/HYD/19 2010-11 GADDAM VENKATA NARAYANA HYDERABAD [PAN: ACWPG9569N] ITO, WARD-14(1), HYDERABAD 1094/HYD/19 2012-13 1096/HYD/19 2010-11 GADDAM VEENA, HYDERABAD [PAN: AGUPG9643B] ITO, WARD-14(1), HYDERABAD 1097/HYD/19 2011-12 1098/HYD/19 2012-13 1099/HYD/19 2014-15 1100/HYD/19 2015-16 FOR ASSESSEE : SHRI P.MURALI MOHANA RAO, AR FOR REVENUE : SHRI Y.V.S.T.SAI, CIT-DR, DATE OF HEARING : 13-01-2021 DATE OF PRONOUNCEMENT : 27-01-2021 O R D E R PER BENCH : THESE ASSESSEES APPEALS FOR AYS.2010-11, 2011-12, 2012-13, 2014-15 & 2015-16 ARISE FROM THE CIT(A)-12, HYDERABADS ORDER ALL DATED 25-09-2018 PASSED IN PRO CEEDINGS U/S.144 R.W.S 153A OF THE INCOME TAX ACT, 1961 [IN SH ORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. IN VIEW OF THE ASSESSEES PLEADINGS EXPLAINING ID ENTICAL DELAY OF 159 DAYS TO COMMUNICATION GAP BETWEEN AUDITO R AND ARGUING COUNSEL, COMPILATION OF NECESSARY RECORDS AT PERSONAL ITA NOS. 1092, 1094, 1096, 1097 1098, 1099 & 1100/HYD/2019 :- 2 -: LEVEL OF LEARNED CIT-DR STRONG OPPOSED THERETO, WE HOL D THAT THE SAME WERE VERY WELL BEYOND ASSESSEES CONTROL. W E FIND NO MERIT IN REVENUES STAND SINCE NEITHER THERE IS ANY RE BUTTAL OF THE FACT NARRATED IN THE CONDONATION PETITION(S). HONBLE APEX COURTS LANDMARK DECISION OF COLLECTOR, LAND ACQUISI TION VS. MST.KATIJI & ORS [167 ITR 471] (SC) HOLDS THAT ALL TECHN ICAL ASPECTS MUST MAKE WAY FOR THE CAUSE SUBSTANTIVE JUSTICE . WE THUS CONDONE THIS IDENTICAL DELAY OF 159 DAYS AND PRO CEED TO DEAL UPON THE MERITS OF THE ISSUE(S). 3. LEARNED AUTHORISED REPRESENTATIVE NEXT INVITED OUR ATTENTION TO THE ASSESSEES IDENTICAL PLEADINGS CHALLEN GING 153A PROCEEDINGS AS WELL AS CORRECTNESS OF SECTION 68 UNEXPLAINED CASH CREDITS ADDITION MADE IN THE COURSE OF THE ASSESSMENT(S) UNDER CHALLENGE AS UPHELD IN THE CIT(A )S ORDER(S). HIS ONLY SUBMISSION DURING THE COURSE OF H EARING AT THIS STAGE IS THAT THESE ASSESSEES COULD NOT APPEAR BEFO RE THE ASSESSING OFFICER DURING THE COURSE OF ASSESSMENT NOR COULD THEY EFFECTIVELY EXPLAIN THE SOURCE OF THE IMPUGNED UNEXPLAINED CASH CREDITS IN THE ADDITIONAL EVIDENCE FILED BEFORE THE CIT(A) WHICH HAS BEEN SENT IN REMAND PROCESS FOR ASSESSING OFFICERS COMMENTS. LEARNED COUNSEL FURTHE R UNDERTAKES TO IT TO DO THE NEEDFUL WITHIN TWO EFFECTIVE OPPORTUNITIES OF HEARING. HE HAS ALSO ASSERTED THE FA CT THAT NEITHER OF THE LOWER AUTHORITY HAS TAKEN CLOSING CASH B ALANCE ADDITION OF THE FIRST ASSESSMENT YEAR AS FORMING SOURCE OF THE LATTER CASH DEPOSITS IN SUCCEEDING ASSESSMENT YEARS THER EBY GRANTING TELESCOPING BENEFIT. WE THUS DECLINE THE REVEN UES ARGUMENTS SUPPORTING THE LOWER AUTHORITIES ACTION FOR THESE ITA NOS. 1092, 1094, 1096, 1097 1098, 1099 & 1100/HYD/2019 :- 3 -: REASONS AND RESTORE THE INSTANT ISSUE OF CORRECTNESS OF SECTION 68 ADDITION IN ALL THESE CASES BACK TO THE ASSESSING O FFICER FOR HIS AFRESH APPROPRIATE ADJUDICATION. LEARNED AUTHORIS ED REPRESENTATIVE HAS UNDERTAKEN TO PROVE IDENTITY, GENUINE NESS AND CREDITWORTHINESS OF THE SOURCE OF THE CORRESPONDIN G SUMS WITHIN TWO EFFECTIVE OPPORTUNITIES OF HEARING. WE THERE FORE DIRECT THE ASSESSEES TO APPEAR BEFORE THE ASSESSING OF FICER ON OR BEFORE 30 TH JUNE, 2021 AND PROVE THE FOREGOING INGREDIENTS AT THEIR OWN RISK AND RESPONSIBILITY. NO OTHER ARGUMEN T HAS BEEN RAISED BEFORE US. 4. THESE ASSESSEES APPEALS ARE TREATED AS ALLOWED FO R STATISTICAL PURPOSES IN ABOVE TERMS. A COPY OF THIS CO MMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JANUARY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 27-01-2021 TNMM ITA NOS. 1092, 1094, 1096, 1097 1098, 1099 & 1100/HYD/2019 :- 4 -: COPY TO : 1.SHRI GADDAM VENKATA NARAYANA, C/O. P. MURALI & CO ., CHARTERED ACCOUNTANTS, 6-3-655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD. 2. SMT.GADDAM VEENA, C/O. P.MURALI & CO., CHARTERED ACCOUNTANTS, 6-3-655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD. 3.THE INCOME TAX OFFICER, WARD-14(1), HYDERABAD. 4.CIT(APPEALS)-12, HYDERABAD. 5.PR.CIT(CENTRAL)-HYDERABAD. 6.D.R. ITAT, HYDERABAD. 7.GUARD FILE.