Kotu Rama Mohana Reddy, Chimakurthy V. ITO, Ongole

ITA 1191/HYD/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3241 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 06-05-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 14-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIVEDITA BISWAS
• Assessee Lawyers: D BALAJI
• Keywords: Set aside

Judgement Text

ITA NO.1191/HYD/2009 SHRI KOTU RAMA MOHANA REDDY, PRAKASAM DISTRICT. IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER ITA NO.: 1191/HYD/2009 ASSTT. YEAR : 2005-06 SHRI KOTU RAMA MOHANA REDDY PRAKASAM DISTRICT. (PAN AADHK 0678K) VS ITO, WARD I, ONGOLE (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D. BALAJI RESPONDENT BY : SMT. NIVEDITA BISWAS, DR O R D E R PER: CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A)-GUNTUR, DATED 14.10.2009 AND PERTAINS TO THE ASSESSMENT YEAR 2005-06. 2. THE MAIN GRIEVANCE OF THE ASSESSEE IN ITS APPEAL IS WITH REFERENCE TO CONFIRMING THE ADDITION OF RS.10,40,000/- WITHOUT GIVING EFFECTIVE OPPORTUNITY OF HEARING TO THE ASSESSEE. AT TH E TIME OF HEARING, THE ASSESSEES COUNSEL PLEADED TO AFFORD ONE MORE OPPORTU NITY OF HEARING TO THE ASSESSEE TO PUT FORTH ITS CASE, FOR WHI CH THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS EXPRESSED NO OBJECTION. ITA NO.1191/HYD/2009 SHRI KOTU RAMA MOHANA REDDY, PRAKASAM DISTRICT. 2 2 3. WE HAVE ACCEDED TO THE REQUEST OF THE ASSESSEES COUNSEL AND ACCORDINGLY, IN THE INTEREST OF JUSTICE, WE SET ASIDE THE ENTIRE ISSUE TO THE FILE OF ASSESSING OFFICER FOR FRESH EXAMINATION A FTER AFFORDING AN OPPORTUNITY OF HEARING TO THE ASSESSEE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT : 14.5.2010 SD/- SD/- N.R.S. GANESAN CHANDRA POOJARI JUDICIAL MEMBER ACCOUNTANT MEMBER DATED 14 TH MAY, 2010 COPY FORWARDED TO: 1. MR. KOTU RAMA MOHANA REDDY, S/O YOGANANDA REDDY, CHIMAKURTHY-523226 (PRAKASAM DISTRICT) 2. ITO WARD I, ONGOLE 3. CIT(A)- GUNTUR, CIT(A) HYDERABAD 4. CIT, HYDERABAD 5. THE D.R., ITAT, HYDERABAD. NP