Omprakash goud Thati , Warangal V. Income Tax Officer, Ward-3, Warangal

ITA 1459/Hyd/2019

• Counselvise Citation: [2021] 129 COUNSELVISE.COM (IT) 9850 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2017-2018
• Appeal Filed On: 20-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S RAMA RAO
• Keywords: Search and seizure
• Section: 153A; 69A; 22

Judgement Text

ITA NO 1459 OF 2019 IMPRAKASH GOUD THATI WARANGAL PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1459/HYD/2019 ASSESSMENT YEAR: 2017-18 SRI OMPRAKASH GOUD THATI WARANGAL PAN:ASRPT8925G VS. INCOME TAX OFFICER WARD-3 WARANGAL (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI S. RAMA RAO REVENUE BY : SRI SUNIL KUMAR PANDEY,DR DATE OF HEARING: 16/03/2021 DATE OF PRONOUNCEMENT: 22/03/2021 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2017-18 AGAIN ST THE ORDER OF THE CIT (A)-3, HYDERABAD, DATED 8.7.20 19 EX-PARTE, THE ASSESSEE. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL, RUNNING AN ELECTRONICS AND HOME APPLIAN CES SHOP AT STATION ROAD, WARANGAL UNDER THE NAME AND STYLE M/ S. POORNA SOLUTIONS AND ALSO OFFERS SERVICE OF AIR CONDITION ERS CONDUCTORS AND SUPPLY OF SPARE PARTS AND REPAIRING ELECTRONICS HOME APPLIANCE IN HYDERABAD. THE ASSESSEE WAS CAUGHT WIT H CASH OF RS.19,70,000/- BY THE HYDERABAD TRAFFIC POLICE ON 1 .12.2016, IT WAS IN NEW CURRENCY NOTES DENOMINATION OF RS.2,000/ - CONSEQUENTLY, THERE WAS A SEARCH AND SEIZURE OPERAT ION CONDUCTED IN THE CASE OF THE ASSESSEE AT HIS RESIDE NCE IN ITA NO 1459 OF 2019 IMPRAKASH GOUD THATI WARANGAL PAGE 2 OF 2 WARANGAL AND THEREFORE, THE ASSESSMENT U/S 153A WAS TAKEN UP. DURING THE ASSESSMENT PROCEEDINGS, THE ASSESSEE FAI LED TO SUBSTANTIATE THE SOURCE OF ACCUMULATED MONEY OF RS. 19,70,000/- AND THEREFORE, THE AO BROUGHT THE SAID AMOUNT TO TA X U/S 69A OF THE I.T. ACT. AGGRIEVED, THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT (A), BUT THE SAME WAS REJECTED BY THE CIT (A) E X-PARTE THE ASSESSEE. 3. THE LEARNED COUNSEL FOR THE ASSESSEE PRAYED FOR AN OPPORTUNITY TO REPRESENT BEFORE THE CIT (A) AND EXP LAIN THE TRANSACTIONS. ON GOING THROUGH THE ORDER OF THE CIT (A), IT DOES NOT APPEAR THAT ANY NOTICE WAS GIVEN TO THE ASSESSE E DURING THE APPELLATE PROCEEDINGS. IN VIEW OF THE SAME, WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF THE CIT ( A) FOR RE- CONSIDERATION OF THE ISSUE IN ACCORDANCE WITH LAW A FTER GIVING A FAIR OPPORTUNITY OF HEARING TO THE ASSESSEE. 4. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 22 ND MARCH, 2021. VINODAN/SPS COPY TO: 1 SRI OMPRAKASH GOUD THATI, H.NO.16-5-315, PENUKAWA DA, FORT ROAD, WARANGAL 506001 2 ITO WARD-3 MAYURI COMPLEX, HANAMKONDA, WARANGAL 5 06001 3 CIT (A)-3 HYDERABAD 4 PR. CIT 3 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER