Late M. Ravinder Reddy Rep. by L/R. M. Jyothi, Hyderabad V. Income Tax Officer, Ward-12(4), Hyderabad

ITA 1494/Hyd/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2505 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 21-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B SMC BENCH: HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT ITA. NO. 1 494 /HYD/ 2017 ASSESSMENT YEAR: 2009 - 2010 LATE SRI M. RAVINDER REDDY, (REPRESENTED BY SMT. M. JYOTHI, WIFE AND L/R OF M. RAVINDER REDDY) 8 - 2 - 203/82/A/93/1, ROAD NO.40, JUBILEE HILLS, HYDERABAD. PAN: ADGPM 6020 P VS. INCOME TAX OFFICER, WARD - 12(4), HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE: NONE FOR REVENUE : SMT. N. SWAPNA, DR DATE OF HEARING : 05 .0 2 .2018 DATE OF PRONOUNCEMENT : 05 .0 2 .2018 ORDER PER D. MANMOHAN , VP. THIS APPEAL IS FILED AT THE INSTANCE OF ASSESSEE AND IT PERTAINS TO ASSESSMENT YEAR 2009 - 2010. THOUGH SHRI M. RAVINDER REDDY, ASSESSEE IN THIS APPEAL, EXPIRED , AN APPEAL WAS FILED IN THE NAME OF SHRI M. RAVINDER REDDY BUT, IN THE VERIFICATION COLUM SMT. M. JYOTHI HAS APPENDED HER SIGNATURE AS WIFE AND REPRESENTATIVE OF LATE MR. M. RAVINDER REDDY. THE ADDRESS OF SHRI D. RAJASEKHAR, CHARTE RED ACCOUNTANT WAS GIVEN FOR ISSUING OF NOTICES ETC., TO THE ASSESSEE AND ACCORDINGLY A NOTICE WAS SENT BY REGISTERED POST WHICH WAS RETURNED BY THE POSTAL AUTHORITIES WITH A REMARK DECEASED RETURNED TO SENDER. IN OTHER WORDS, SHRI D. RAJASEKHARS OFF ICE REFUSED TO TAKE THE NOTICE AND THE ASSESSEE DID NOT FURNISH ANY OTHER ADDRESS TO ENABLE THE 2 REGISTRY TO SERVE A NOTICE. UNDER THESE CIRCUMSTANCES, I HAVE NO OTHER ALTERNATIVE EXCEPT T O DISPO S E OF THE APPEAL EX - PARTE, QUA THE ASSESSEE. 2. AN ADDITION OF RS. 19,23,916/ - TOWARDS UNEXPLAINED CASH CREDITS IS IN DISPUTE BEFORE THE TRIBUNAL. ASSESSEE IS A SALARIED EMPLOYEE. THERE WERE CERTAIN INVESTMENTS WHICH WERE NOTICED AND THE ASSESSEE WAS CALLED UPON TO EXPLAIN THE CASH CREDITS BUT THE ASSESSEE HAVING NOT APPEARED EITHER IN PERSON OR THROUGH HIS REPRESENTATIVE, ASSESSMENT WAS MADE U/S 144 OF THE ACT WHEREIN A SUM OF RS. 19,23,916/ - WAS ADDED TO THE TOTAL INCOME DECLARED BY THE ASSESSEE. 3. EVEN BEFORE THE LD. CIT(A) NONE APPEARED ON BEHALF OF THE ASSE SSEE THOUGH NUMBER OF ADJOURNMENTS WERE GRANTED. SINCE, THERE IS NO OTHER INFORMATION WITH REGARD TO THE SOURCE OF CASH CREDITS, THE LD. CIT(A) CONFIRMED THE ORDER OF THE ASSESSING OFFICER. 4. EVEN BEFORE THE TRIBUNAL, NO EVIDENCE WAS PLACED EITHER IN T HE FORM OF FILING OF PAPER BOOK OR OTHERWISE TO CONTRADICT THE FINDINGS OF THE TAX AUTHORITIES. UNDER THESE CIRCUMSTANCES, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED ACCORDINGLY IN THE OPEN COURT ON 05 TH FEBRUARY, 2018. S D / - (D. MANMOHAN) VICE PRESIDENT HYDERABAD, DATED: 05 TH FEBRUARY , 2018. OKK, SR.PS 3 COPY TO 1. SHRI M. RAVINDER REDDY, C/O. D. RAJASEKHAR, CHARTERED ACCOUNTANTS, PLOT NO.42, ANDHRA BANK COLONY, NEAR KONARK DIAGNOSTIC CENTRE, DILSUKHNAGAR, HYDERABAD. 2. INCOME TAX OFFICER, WARD 12(4), HYDERABAD. 3. CIT (A) - 1, HYDERABAD. 4. PR. COMMISSIONER OF INCOME TAX - 1, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE