Bhasakarrai Kanyalal Bhatt, Secunderabad V. Dy. Commissioner of Income Tax , Circle-10(1), Hyderabad

ITA 127/Hyd/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8451 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2016-2017
• Appeal Filed On: 30-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 68; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD ‘A’ BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER (Through Virtual Hearing) ITA No.127/Hyd/2020 (Assessment Year : 2016-17) Shri Bhasakarrai Kanyalal Bhatt, Secunderabad. PAN ACEPB 4528N .....Appellant. Vs. Dy. Commissioner of Income Tax, Circle 10(1), Hyderabad. .....Respondent. Appellant By : Shri A.V.Raghuram for K.A. Sai Prasad. Respondent By : Shri Paruchuri Dinesh. (D.R.) Date of Hearing : 18.10.2021. Date of Pronouncement : 16.11.2021. O R D E R Per Shri S.S. Godara, J.M. : This assessee’s appeal for Asst. Year 2016-17 arises from the Commissioner of Income Tax (Appeals)-6, Hyderabad’s order dt.13.12.2019 passed in case No.10634/2018-19/C/CIT(A)-6 in proceedings under Section 143(3) of Income Tax Act, 1961 (‘the Act’). 2 ITA No.127/Hyd/2020 Heard both the parties. Case file perused. 2. Coming to the assessee's twin substantive grounds inter alia seeking to reverse both the learned lower authorities’ action adding a loan of Rs.25,54,786 in case of Smt. Ritu Rohan Bhatt and Rs.5 lakhs out of Rs.9 lakhs involving Shri Kanhyalal R Bhatt / Rohan Bhatt; respectively, as unexplained cash credit u/s. 68 of the Act; we note that he has filed a petition dt.14.10.2021 seeking to place on record documents in the nature of additional evidence; running into 17 pages, including confirmations and returns; as the case may be, qua the same. 3. Faced with this situation, learned department representative fails to dispute the clinching fact that the same are indeed relevant documents going to root of the matter. We therefore restore the assessee's instant additional evidences back to the Assessing Officer for his afresh factual verification as per law within three effective opportunities of hearing at this taxpayer’s risk and responsibility only. Ordered accordingly. 3 ITA No.127/Hyd/2020 4. This assessee's appeal is allowed for statistical purposes in above terms. Order pronounced in the open court on 16th Nov., 2021. Sd/- Sd/- (L.P. SAHU) (S.S. GODARA) Accountant Member Judicial Member Hyderabad, Dt. 16.11.2021. * Reddy gp Copy to : 1. Shri Bhasakarrai Kanyalal Bhatt, 9-4-130/131, St. Mary’s Road, Secunderabad-500 003 2. DCIT, Circle 10(1), Hyderabad. 3. Pr. C I T-6, Hyderabad. 4. CIT(Appeals)-6, Hyderabad. 5. DR, ITAT, Hyderabad. 6. Guard File. By Order Sr. Pvt. Secretary, ITAT, Hyderabad.