Kaladhar Panjala, Karimnagar, Karimnagar V. Income Tax Officer, Ward-2, , Karimanagar

ITA 1551/Hyd/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4918 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 05-02-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 07-09-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Section: 143(3); 234B; 68

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A - SMC , HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 1551/HYD/17 ASSESSMENT YEAR: 2013 - 14 SRI KALADHAR PANJALA, KARIMNAGAR 505468. PAN: AOBPP 6892 A VS. INCOME TAX OFFICER, WARD - 2, KARIMANAGAR. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SRI NILANJAN DEY, DR DATE OF HEARING: 05/02/2020 DATE OF PRONOUNCEMENT: 20 /02/2020 ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 2, HYDERABAD IN APPEAL NO. 0027/2016 - 17, DATED 30/06/2017 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 2013 - 14. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS IN HIS APPE AL: 1. THE ORDER OF THE LD. CIT(A) IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2. THE LD. CIT(A) ERRED IN FINALISING THE APPEAL WITHOUT PROVIDING FURTHER OPPORTUNITY TO THE APPELLANT. 3. THE LD. CIT(A) ERRED IN CONFIRMING THE ACTION OF THE A.O. IN ARRIVING AT THE PEAK CASH CREDIT OF RS. 36,39,600/ - AND FURTHER ERRED IN HOLDING THAT THE INCOME OF THE SAID AMOUNT IS ASSESSABLE U/S. 68 OF THE IT ACT. 4. THE LD. CIT(A) OUGHT TO HAVE SEEN THAT THE CONTRACT RECEIPTS WERE DEPOSITED IN THE BANK ACCOUNTS AND THE RECEIPTS FROM THE 2 PARTNERSHIP FIRM WERE ALSO DEPOSITED INTO THE SAID BANK ACCOUNTS. 5. THE LD. CIT(A) OUGHT TO HAVE CONSIDERED THE EXPLANATION SUBMITTED AND THE INCOME FROM CONTRACTS ADMITTED BY THE APPELLANT AND ACCEPTED THE DEPOSITS MADE INTO THE BA NK AS FROM EXPLAINABLE SOURCES. 6. THE LD. CIT(A) ERRED IN CONFIRMING THE CHARGING OF INTEREST U/S. 234A OF RS. 1,80,304 AND U/S. 234B OF RS. 4,05,684/ - . 7. ANY OTHER GROUND OR GROUND THAT MAY BE URGED AT THE TIME OF HEARING. 3. AT THE TIME OF HEARING BEF ORE US, NONE APPEARED ON BEHALF OF THE ASSESSEE TO REPRESENT HIS CASE. HOWEVER, CONSIDERING THE ISSUES INVOLVED IN THE APPEAL AND ASSESSEES NON - APPEARANCE BEFORE THE LD. CIT(A), I AM OF THE OPINION THAT APPEAL IS REQUIRED TO BE REMITTED BACK TO THE FILE OF THE LD. CIT(A) AND THEREFORE, THE APPEAL IS TAKEN UP FOR ADJUDICATION. 4. ON PERUSING THE ORDER OF THE LD. CIT (A) IT IS APPARENT THAT THE LD. CIT (A) HAD POSTED THE APPEAL FOR HEARING ON THREE OCCASIONS I.E., ON 18/05/2017, 01/06/2017 AND FINALLY ON 18/06/2017 . HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE BEFORE THE LD. CIT (A) ON THE ABOVEMENTIONED DATES OF HEARING, THEREFORE THE LD. CIT(A) WAS LEFT WITH NO OTHER OPTION EXCEPT TO PASS EX - PARTE ORDER. BUT IT IS EVIDENT FROM THE ORDER OF THE LD. CIT (A) THAT HE HAS DISMISSED THE APPEAL OF THE ASSESSEE IN LIMINE . IN THESE CIRCU MSTANCES, THOUGH THE ASSESSEE HAD NOT CO - OPERATED BEFORE THE LD CIT (A), IN THE INTEREST OF JUSTICE, I AM OF THE CONSIDERED VIEW THAT THE APPEAL IS REQUIRED TO BE REMITTED BACK TO THE FILE OF THE LD. CIT (A). ACCORDINGLY, I HEREBY REMIT THE MATTER BACK TO 3 THE FILE OF THE LD. CIT(A) TO DECIDE THE APPEAL AFRESH AFTER AFFORDING PROPER OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. I ALSO DIRECT THE ASSESSEE AND HIS REPRESENTATIVE TO PROMPTLY COOPERATE BEFORE THE LD. CIT(A) IN THE PROCEEDINGS, FAILING WHICH THE LD. CIT(A) SHALL BE AT LIBERTY TO PASS APPROPRIATE ORDER BASED ON LAW AND MERITS TAKING INTO CONSIDERATION OF THE MATERIALS ON RECORD. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES AS INDICATED HER EINABOVE. PRONOUNCED IN THE OPEN COURT ON 20 TH FEBRUARY, 2020. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 20 TH FEBR UARY, 2020. OKK COPY TO: - 1) SRI KALADHAR PANJALA, H.NO . 11 - 183, NEAR OLD TELEPHONE EXCHANGE, BUZURABAD, KARIMNAGAR 505468. 2) INCOME TAX OFFICER, WARD - 2, AAYAKAR BHAVAN, NATARAJ THEATRE LANE, KARIMNAGAR. 3) THE CIT(A) - 2, HYDERABAD 4) THE PR. CIT - 2, HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE