Nandyala Bixam Reddy, Bhuvanagiri V. Income Tax Officer, Ward-1. , Suryapet

ITA 1585/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0445 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 25-02-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 29-10-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 15 8 5 /HYD/201 9 (ASSESSMENT YEAR : 20 09 - 10 ) SHRI NANDYALA BIXAM REDDY, 3 - 330/2A, CHOTUPPAL MAIN ROAD, YADHADHRI BHONGIR DIST . - 508 252 PAN AEIPN 3669N VS. INCOME TAX OFFICER, WARD 1 , SURYAPET. APPELLANT RESPONDENT APPELLANT BY : NONE. RESPONDENT BY : SMT. N. SWAPNA, (D.R.) DATE OF HEARING : 25.02.2021 . DATE OF PRONOUNCEMENT : 08 .03 .2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR THE ASST. YEAR 200 8 - 0 9 ARISE FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 3 , HYDERABAD S ORDER DT. 12.10.2017 PASSED IN THE CASE NO. 0 440/ITO - W - 1/SYP/CIT(A) - 3/2016 - 17 IN VOLVING PROCEEDINGS UNDER SECTION 14 3(3) R.W.S. 147 OF INCOME TAX ACT, 1961 (THE ACT). HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2 ITA 15 85 /HYD/2019 C ASE CALLED TWICE. NONE APPEARED ON ASSESSEE'S BEHEST. I ACCORDINGLY, PROCEED EX - PARTE AGAINST THE ASSESSEE . 2. WITH ABLE ASSISTANCE COMING F RO M THE LEARNED DEPARTMENTAL REPRESENTATIVE, IT TRANSPIRES DURING THE COURSE OF HEARING THAT BOTH THE LOWER AUTHORITIES HAVE TREATED THE AMOUNT OF RS,.24,17,633 AS UNEXPLAINED MONEY FOLLOWED BY AGRICULTURAL INCOME ADDITION OF RS.2,75,000; RESPECTIVELY. L EARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THE CLINCHING FACT AS PER THE CIT(A) LOWER APPELLATE ORD ER IN PAGE 2 THAT THE ASSESSEE, HIS SPOUSE, FATHER AND MOTHER POSSESSION OF AROUND 33.29 ACRES OF AGRICULTURAL LAND. THIS IS NOT THE D EPARTMENTS CASE THAT THE ASSESSEE HAS BEEN GIVEN CREDIT OF ANY CROP CONCERN /HARVESTED IN THE SAID LAND IN ANY OF THE F AMILY MEMBERS NAME. I DEEM IT APPROPRIATE THIS FACTUAL BACKDROP THAT LARGER INTEREST OF JUSTICE WOULD BE MET IF THE ASSESSEE IS GIVEN CREDIT OF AGRICULTURAL INCOME OF RS.50,000 PER ACRE ON ESTIMATION BASIS WITH A RIDER THAT THE SAME SHALL NOT BE TREATED AS PRECEDENT IN ANY OTHER ASSESSMENT YEAR. IT IS MADE CLEAR THAT BEFORE FINALIZING THE CONSEQUENTIAL COMPUTATION, THE A SSESSING O FFICER SHALL ENSURE THAT NONE OF THE ASSESSEE'S FAMILY MEMBER/CO - SHARER HAS BEEN GRANTED CREDIT OF AGRICULTURAL INCOME IN HIS/ HER INDIVIDUAL HANDS. NECESSARY COMPUTATION TO BE FOLLOWED AS PER LAW. 3 ITA 15 85 /HYD/2019 3. THIS ASSESSEE'S APPEAL IS PARTLY ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 08 .03. 2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER * REDDY GP COPY TO : 1. SHRI NANDYALA BIXAM REDDY, 3 - 330/2A, CHOTUPPAL MAIN ROAD, YADHADHRI BHONGIR DIST. - 508 252 2. ITO, WARD 1 , SURYAPET. 3. C I T , HYDERABAD. 4. CIT(APPEALS) - 3 , HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD. 4 ITA 15 85 /HYD/2019 DESCRIPTION DATE INITIALS 1. DRAFT DICTATED ON 2. DRAFT PLACED BEFORE AUTHOR 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED / APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO THE SR.P.S./P.S. 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER