Rachana Televison Private Limited, Hyderabad V. Dy. Commissioner of Income Tax , Circle-14(1), Hyderabad

ITA 1101/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4097 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2012-2013
• Appeal Filed On: 28-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained investment
• Section: 143(3); 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH A HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 1 101 /HYD/2018 A.Y. 2012 - 13 RACHANA TELEVISION PVT. LTD. HYDERABAD [PAN: AA DCR4877J ] VS. DY.CIT , CIRCLE 14(1) HYDERABD ( APPELLANT) (RESPONDENT) ASSESSEE BY: S MT. S. SANDHYA, ADV. REVENUE BY : SRI SUNIL KUMAR PANDEY, DR DATE OF HEARING: 20/01/2021 DATE OF PRONOUNCEMENT: 05 /02/2021 ORDER PER BENCH THIS ASSESSEES APPEAL FOR A.Y.2012 - 13 ARISES FROM COMMISSIONER OF INCOME TAX (APPEALS) - 6 [CIT(A)], HYDERABADS ORDER DATED 01.02. 201 8 PASSED IN CASE NO. 02 20 /201 5 - 16/B2/CIT(A) - 6 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. LEAR N ED AUTHORISED REPRESENTATIVE SUBMITTED AT THE OUTSET THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN NOT CONDONING 169 DAYS DELAY STATED ITA 1101/HYD/18 AY 2012 - 13 RACHANA TELEVISION PVT.LTD. 2 TO BE ATTRIBUTABLE TO CIRCUMSTANCES BEYOND ASSESSEES CONTROL I.E. COMPILATION OF NECESSARY RECORDS AND COMMUNICATION BETWEEN AUDITOR AND ARGUING COUNSEL ETC . SHE QUOTES H ONBLE A PEX C OURTS DECISION IN COLLECTOR LAND ACQUISITION VS. MST KATIJI REPORTED IN 167 ITR 471 (SC) T HAT ORDINARILY A LITIGANT DOES NOT GAIN ANYTHING BY CAUSING DELAY IN LITIGATION AND ALL TECHNI CAL ASPECTS MUST MAKE WAY FOR THE CAUSE OF SUBSTANTIAL JUSTICE. ALL THESE AVERMENTS GOT UNREBUTTED FROM R EVENUE SIDE ON FACTS AS WELL AS LAW. WE THEREFORE HOLD THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN NOT CONDONING THE IMPUGNED DELAY . A SSESSEE, THEREFORE, GETS NECESSARY RELIEF TO TH E EXTENT OF THIS DELAY ASPECT . 3. L D. A UTHORISED R EPRESENTATIVE NEXT STATES THAT THE FIRST ISSUE IN THE INSTANT LIS NOW IS THAT OF UNEXPLAINED INVESTMENT ADDITION AMOUNTING TO RS.20 LAKHS WHICH DESERVE S TO BE RESTORED BACK TO THE CIT(A). WHEN ASKED TO EXPLAIN THE SOURCES OF IMPUGNED ADDITION, LEARNED COUNSEL REFER RED TO ASSESSEES PAPER BOOK AND MORE PARTICULARLY PAGE 31 THERE OF. IT HAS FILED A CERTIFICATE EXPLAINING SOURCE S OF THE IMPUGNED SUM THAT WE HAVE RECEIVED CASH TOWARDS THE ADVERTISEMENT IN OUR CHANNELS AND THEY ARE RECEIVABLES DUE BY THE N . THIS EXPLANATION IS FOUND TO BE CARRYING NO SUBSTANCE AT ALL. WE MAKE IT CLEAR THAT IT WAS ASSESSEES BOUNDEN DUTY TO AT LEAST FILE THE LIST OF PA RTIES FROM WHOM IT HA D RECEIVED THE IMPUGNED CASH BY CARRYING OUT THE ADVERTISEMENT (S) CARRIED ON THEIR BEHALF IN MEDIA CHANNELS . THE SAME OUGHT TO HAVE BEEN FOLLOWED BY NECESSARY SETTLEMENT OF ACCOUNTS BETWEEN THE PARTIES IN THE RESPECTIVE LEDGERS AS WE LL. NO SUCH MATERIAL HAS SURFACED DURING THE COURSE OF HEARING. AND ALSO THAT THIS SELF - SERVING CERTIFICATE CARRIES NO DATE AT ALL. WE THUS SEE NO MERIT IN ACCEPTING ASSESSEES CONTENTION REGARDING SOURCE OF THIS SUM OF RS. 20 LAKHS. THIS IMPUGNED ADDI TION IS DIRECTED TO BE CONFIRMED THERE FORE . ITA 1101/HYD/18 AY 2012 - 13 RACHANA TELEVISION PVT.LTD. 3 4. LEARNED C OUNSEL LASTLY SUBMITTED THAT WE NEED NOT ADJUDICATE UPON ASSESSEES SUBSTANTIVE GROUND SEEKING TO DELETE ADDITION OF RS.1,35,19,000/ - AS IT IS AN INSTANCE OF DULY A GREED SUM BASED ON CONFESSION. THIS GROUND IS DISMISSED AS NOT PRESSED THEREFORE. THIS ASSESSEES APPEAL IS DISMISSED ON MER ITS IN ABOVE TERMS . ORDER PRONOUNCED IN OPEN COURT ON 05 /02/2021. SD/ - S D/ - (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 05 TH FEBRUARY, 2021. * GMV COPY OF THE ORDER FORWARDED TO: 1. RACHANA TELEVISION PVT. LTD. , PLOT NO.564 - A - 19 /III , ROAD NO. 92, JUBILEE HILLS, HYDERABAD, TELANGANA. PIN: 500 03 3 2. DY.CIT, CIRCLE 14(1), HYDERABAD, TELANGANA 3. ACIT, RANGE 1 4 , HYDERABAD 4. CIT(A) - 6 , HYDERABAD. 5. PR.CIT - 6 , HYDERABAD 6. DR, ITAT, HYDERABAD. 7. GUARD FILE.