ITO., Ward- 5(2), Hyderabad V. Sri P Pratap Reddy Rep.assessee Smt.P Rama Devi (L/R Sri P Rukminikanth Reddy), Hyderabad

ITA 1566/HYD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6126 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-11-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 13-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 1566/HYD/2014 ASSESSMENT YEAR: 2007-08 INCOME-TAX OFFICER, WARD 5(2), HYDERABAD. VS. SHRI P. PRATAP REDDY, REPRESENTATIVE ASSESSEE SMT. PERATI RAMA DEVI (L/R SHRI PERATI RUKMINIKANTH REDDY) PAN AEJPP 6272 J (APPELLANT) (RESPONDENT) REVENUE BY : SHRI K.J. RAO ASSESSEE BY : SHRI K. C. DEVDAS DATE OF HEARING : 01-02-2017 DATE OF PRONOUNCEMENT : 28-02-2017 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF CIT(A) - V, HYDERABAD, DATED 11/06/2014 FOR AY 2 007-08 WHEREIN THE REVENUE HAS RAISED THE FOLLOWING GROUND OF APPE AL (REVISED): THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN ALLOWING THE RELIEF OF RS. 32,0 0,000/- CLAIMED AS EXPENDITURE FOR PROTECTING THE LAND ON THE BASIS OF ADDITIONAL EVIDENCE PRODUCED FOR THE FIRST TIME BEFORE LD. CIT (A) WITHOUT GIVING ANY REASONABLE OPPORTUNITY TO THE AO TO EXAM INE THE SAME U/R 46A. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT THE ASSES SEE GOT SETTLEMENT AMOUNT OF RS. 64 LAKHS DURING THE ACCOUN TING YEAR IN RESPECT OF SITE ON WHICH HE WAS HAVING A CLAIM. IT WAS MENTIONED THAT THE ASSESSEE AGREED TO PURCHASE A SITE FROM SMT. B. SHARADA DEVI IN 1995 AND PAID ADVANCE. SUBSEQUENTLY, THE MATTER WEN T INTO LITIGATION