Jagdamba Hospitals Private Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-2(1), Hyderabad

ITA 1469/Hyd/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3840 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 14-09-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 05-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D KOMALI KRISHNA
• Section: 13; 147; 144

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 1469 /HYD/20 18 ASSESSMENT YEAR: 20 13 - 14 JAGADAMBA HOSPITALS PRIVATE LIMITED, HYDERABAD 500 080. PAN: AABCJ 0055 G VS. DC IT, CIRCLE - 2(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SMT. D. KOMALI KRISHNA, DR DATE OF HEARING: 14/09/2021 DATE OF PRONOUNCEMENT: 23 /09/ 2021 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (A) - 2, HYDERABAD IN APPEAL NO. 10484/CIT (A) - 2/HYD/2017 - 18, DATED 08 TH MARCH, 2018 PASSED U/S. 144 R.W.S 147 AND U/S. 250(6) OF THE ACT FOR THE AY: 2013 - 14. 2. THE ASSESSEE HAS RAISED THREE GROUNDS IN ITS APPEAL AND THEY ARE EXTRACTED HEREIN BELOW FOR REFERENCE: 1. THE ORDER OF THE LD. AO IS ERRONEOUS AND NOT BASED ON THE FACTS OF THE CASE. 2. THE LD. AO FAILED TO TAKE COGNIZANCE OF THE FACT THAT THE APPELLANT WAS FORCED TO DISPOSE OFF THE PROPERTY AT A VALUE THAT IT COULD FETCH AS THERE WERE VERY FEW BUYERS TO PURCHASE THE PROPERTY AT A VALUE 2 AS PER SRO AND THEREFORE THE APPELLANT WAS FORCED TO SELL A LOWER VALUE AND THIS WAS DONE DUE TO EXTREME PRESSURE FROM THE BANKERS. 3. ANY OTHER GROUND THAT MAY BE URGED AT THE TIME OF HEARING. 3. AT THE TIME OF HEARING NONE APPEARED BEFORE US ON BEHALF OF THE ASSESSEE. THE ASSESSEE HAS ALSO NOT FILED AN Y LETTER SEEKING ADJOURNMENT OF THE CASE . FURTHER, I T IS ALSO APP ARENT FROM THE ORDER SHEET OF THE ASSESSEES APPEAL THAT AFTER FILING THE APPEAL ON 05/07/2018 , TILL THE DATE OF HEARING ON 14/09/2021 , THE ASSESSEES CASE WAS POSTED FOR HEARING ON SEVERAL OCCASIONS BUT NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN ON A SINGL E OCCASION . IN THIS SITUATION, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS APPEAL. FURTHER, EVEN BEFORE US, THE ASSESSEE HAS NOT PRODUCED ANY EVIDENCE TO ESTABLISH ITS CLAIM THAT THE ASSESSEE WAS FORCED TO SELL THE PROPERTY ON DISTRESS IN ORDER TO CLEAR THE LOAN. THEREFORE, WE DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LD. CIT (A). 4 . IN THE R ESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 23 RD SEPTEMBER , 2021 SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 23 RD SEPTEMBER , 2021 OKK COPY TO: - 3 1) JAGADAMBA HOSPITALS PRIVATE LIMITED, 1 - 1 - 380/3, GANDHI NAGR, HYDERABAD 500 080. 2) THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2(1), SIGNATURE TOWERS, HYDERABAD 500 081. 3) THE CIT (A) - 2, HYDERABAD. 4) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 2, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE