Sasya Associates , Kurnool V. Income Tax Officer, Ward-1, Kurnool

ITA 1509/Hyd/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4133 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 02-06-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 10-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N ESTHER
• Assessee Lawyers: T CHAITANYA KUMAR
• Keywords: Period of limitation; Time period of passing order
• Section: 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. 1509 /HYD/20 18 (ASSESSMENT YEAR : 20 09 - 10 ) M/S. SASYA ASSOCIATES, KURNOOL. PAN ABKFS 6660B ..APPELLANT. VS. INCOME TAX OFFICER, WARD 1, KURNOOL. ..RESPONDENT. APPELLANT BY : SHRI T. CHAITANYA KUMAR. RESPONDENT BY : S MT. N. ESTHER. (D.R.) DATE OF HEARING : 02.06 . 2021. DATE OF PRONOUNCEMENT : 07. 0 9 .2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 20 09 - 10 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS), KURNOOLS ORDER DT. 10.05 .201 8 PASSED IN CASE NO. 0170/CIT(A)/KNL/2014 - 15 IN PROCEEDINGS UNDER SECTION 143(3) OF INCOME TAX ACT, 1961 (THE ACT). 2 ITA NO. 1509/HYD/2018 HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THE CIT(A)SLOWER APPELLATE ORDER UNDER CHALLENGE; AFFIRMING THE ASSESSING OFFICERS ACTION, INTER ALIA, ADDING CAPITAL CONTRIBUTION AND DIFFERENCE IN LIABILITY TOWARDS SUNDRY CREDITORS OF RS.19.41 LAKHS AND RS.33. 65 LAKHS; RESPECTIVELY , HAS BEEN PASSED EXPARTE. WE NOTICE FROM A PERUSAL OF PARA 4 PAGE 3 IN CIT(A)S ORDER TH A T THE CIT(A) HAD POSTED THE CASE FOR HEARING ON 7.10.2016 (WRITTEN SUBMISSIONS FILED) AND THEREAFTER ON 9.5.2018 FOLLOWED BY HIS ADJUDICATION WIT HOUT MAKING IT CLEAR AS TO WHETHER THIS TAXPAYER HAS BEEN ACTUALLY SERVED THE RELEVANT HEARING NOTICE(S ) TO THIS EFFECT OR NOT. 3. FACED WITH THIS SITUATION, WE DEEM IT APPROPRIATE TO RESTORE THE ASSESSEE'S TWIN SUBSTANTIVE GROUNDS R AISED IN THE INSTANT APPEAL BACK TO THE CIT(A) FOR HIS AFRESH ADJUDICATION WITHIN THREE EFFECTIVE OPPORTUNITIE S OF HEARING. ORDERED ACCORDINGLY. 3 ITA NO. 1509/HYD/2018 4. WE LASTLY ACKNOWLEDGE THAT ALTHOUGH THE INSTANT APPEALS ARE BEING DECIDED AFTER A PERIOD OF 90 DAYS FROM THE DATE OF HEARING AS PER RULE 34(5) OF THE IT(AT) RULES 1963, THE SAME HOWEVER, DOES NOT APPLY IN THE COVID LOCKDOWN SITUATION AS PER HON'BLE APEX CO URT'S RECENT DIRECTIONS DATED 27 - 04 - 2021 IN M.A.NO.665/2021 IN SM(W)C NO.3/2020 'IN RE COGNIZANCE FOR EXTENSION OF LIMITATION' MAKING IT CLEAR THAT IN SUCH CASES WHERE THE LIMITATION PERIOD (INCLUDING THAT PRESCRIBED FOR INSTITUTION AS WELL AS TERMINATION) SHALL STAND EXCLUDED FROM 14TH OF MARCH, 2021 TILL FURTHER ORDERS. 5 . THIS ASSESSEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 7TH SEPT . , 2021. SD/ - SD/ - (L .P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 07 .0 9 .2021. * REDDY GP 4 ITA NO. 1509/HYD/2018 COPY TO : 1. M/S. SASYA ASSOCIATES, 40 - 581 A, S V COMPLEX, R S ROAD, KURNOOL. 2. ITO, WARD 1, KURNOOL. 3. PR. C I T , KURNOOL. 4. CIT(APPEALS) , KURNOOL. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.