Vinayaka Builders , Warangal V. Income Tax Officer, Ward-3, Warangal

ITA 1324/Hyd/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7035 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-A
• Assessment Year: 2014-2015
• Appeal Filed On: 26-08-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A - SMC, HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1324/HYD/2019 ASSESSMENT YEAR: 2014 - 15 VINAYAKA BUILDERS, WARANGAL. PAN: AAIFV 6146 Q VS. INCOME TAX OFFICER, WARD - 3, WARANGAL. (APPELLANT) (RESPONDENT) ASSESSEE BY: SMT. S. SANDHYA, AR REVENUE BY: SRI ARAVINDAKSHAN, DR DATE OF HEARING: 15/10/2019 DATE OF PRONOUNCEMENT: 15 /10/2019 ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 3, HYDERABAD IN APPEAL NO. 10292/ITO - 3/WGL/CIT(A) - 3/2018 - 19, DATED 20/06/2019 PASSED U/S. 143(3) R.W.S 147 & U/S. 250(6) OF THE ACT FOR THE A.Y. 2014 - 15. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS IN ITS APPEAL: - 1. THE ORDER OF THE LD. CIT(A) IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2. THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION MADE BY THE ASSESSING OFFICER OF RS. 2,69,510/ - . 3. THE LD. CIT(A) ERRED IN CONFIRMING THE METHOD ADOPTED BY THE A.O. IN ARRIVING AT THE PROFIT AT RS. 4,19,690/ - AS AGAINST THE PROFIT ADMITTED OF RS. 1,50,180/ - . 2 3. AT THE OUTSET, THE LD. AR SUBMITTED BEFORE ME THAT THE LD. CIT (A) HAS PASSED AN EX - PART E ORDER WITHOUT PROVIDING AN OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. IT WAS THEREFORE PLEADED THAT THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE LD CIT (A) IN ORDER TO PROVIDE ONE MORE OPPORTUNITY TO THE ASSESSEE TO PURSUE THE APPEAL. THE LD. DR O N THE OTHER HAND, STRONGLY OPPOSED TO THE SUBMISSION OF THE LD. AR. 4. I HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY PERUSED THE MATERIALS ON RECORD. ON PERUSING THE ORDER OF THE LD. CIT (A), IT IS APPARENT THAT ON THE DATE OF HEARING , NEITHER THE ASS ESSEE NOR HIS COUNSEL APPEARED BEFORE THE LD. CIT (A). THEREFORE, THE LD. CIT (A) WAS LEFT WITH NO OTHER OPTION EXCEPT TO ADJUDICATE THE APPEAL EX - PARTE ON MERITS BASED ON THE MATERIALS ON RECORD. IN THIS SITUATION I DO NOT FIND MUCH STRENGTH IN THE ARGU MENTS ADVANCED BY THE LD. AR. HOWEVER, CONSIDERING THE PRAYER OF THE LD. AR, IN THE INTEREST OF JUSTICE, I HEREBY REMIT THE MATTER BACK TO TH E FILE OF LD. CIT (A) IN ORDER TO CONSIDER THE APPEAL AFRESH BY PROVIDING ONE MORE OPPORTUNITY TO THE ASSESSEE OF B EING HEARD. AT THE SAME BREATH , I ALSO HEREBY CAUTION THE ASSESSEE TO PROMPTLY CO - OPERATE BEFORE THE LD. CIT (A) IN THE PROCEEDINGS FAILING WHICH THE LD. CIT (A) SHALL BE AT LIBERTY TO PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW AND MERITS BASED ON THE MATERIALS ON THE RECORD. IT IS ORDERED ACCORDINGLY. 3 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STA TISTICAL PURPOSES AS INDICATED HEREINABOVE. PRONOUNCED IN THE OPEN COURT ON 15 TH OCTOBER, 2019. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 15 TH OCTOBER , 2019 OKK COPY TO: - 1) VINAYAKA BUILDERS, 16 - 2 - 209, KAREEMABAD, SUBASH STATUE, WARANGAL 506002. 2) INCOME TAX OFFICER, WARD - 3, MAYURI COMPLEX, HANAMKONDA, WARANGAL - 506001. 3) THE CIT(A) - 3 , HYDERABAD 4) THE PR. CIT - 3 , HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE