Mayur Naveen Patel , Hyderabad V. Income Tax Officer, Ward-5(2), Hyderabad

ITA 1586/Hyd/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1397 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 23-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A BENCH: HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 1586/HYD/2018 ASSESSMENT YEAR : 2011 - 12 MAYUR NAVEEN PATEL, HYDERABAD. PAN: AGEPP 6227 A VS. ITO, WARD - 5(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SHRI NILANJAN DEY, DR DATE OF HEARING: 29.11.2018 DATE OF PRONOUNCEMENT: 29.11 .2018 ORDER PER SMT. P. MADHAVI DEVI, J.M.: THIS IS ASSESSEES APPEAL FOR THE ASSESSMENT YEAR 2011 - 12 FILED AGAINST THE ORDER OF THE CIT(A) - 4, HYDERABAD DATED 09.05.2018. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER PASSED AN ORDER U/S 143(3) R.W.S 263 OF THE ACT AND MADE AN ADDITION OF RS. 15,98,200/ - ON ACCOUNT OF UNEXPLAINED MONEY U/S 69A OF THE ACT AND TOTAL INCOME WAS ASSESSED AT RS. 19,71,494/ - . AGGRIEVED, ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A) BY HOLDING THAT SINCE THE ASSESSMENT WAS COMPLETED AS PER THE DIRECTIONS OF THE PR. COMMISSIONER OF INCOME TAX U/S 263 OF THE ACT, THE SAME COULD NOT BE DECIDED BY HER. IN SUPPORT, CIT(A) RELIED UPON THE DECI SION OF THE ITAT IN THE CASE OF MAHESHWARI MEGA VENTURES LIMITED IN ITA NO. 1602/HYD/2014 AND DISMISSED THE APPEAL. AGGRIEVED, ASSESSEE IS IN APPEAL BEFORE US. 2 3. THE REGISTRY HAD NOTICED CERTAIN DEFECTS IN THE APPEAL AND HAD ISSUED ASSESSEE AS PER THE ACKNOWLEDGEMENT RECEIVED BY THIS TRIBUNAL. HOWEVER, NONE APPEARED FOR THE ASSESSEE ON THE DATE OF HEARING, I.E., TODAY AND EVEN THE DEFECTS POINTED OUT BY THE REGISTRY HAVE NOT BEEN RECTIFIED IN TOTO. THEREFORE, PRESUMING THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING ITS CASE, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED FOR DEFAULT BY FOLLOWING THE DECISION OF THE COORDINATE BENCH DECISION IN THE CASE OF MULTIPLAN (INDIA) LTD., (38 ITD 320) AND MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR (223 ITR 480). 4. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH NOVEMBER, 2018. SD/ - SD/ - (S. RIFAUR RAHMAN) (SMT. P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 29 TH NOVEMBER , 2018. OKK, SR.PS COPY TO 1. SRI MAYUR NAVEEN PATEL, 5 - 5 - 933, HARI OM TRADING & CO, HINDINAGAR, GOSHAMAHAL, HYDERABAD 500 012. 2. ITO, WARD - 5(2), HYDERABAD. 3. CIT (A) - 4, HYDERABAD. 4. PR. COMMISSIONER OF INCOME TAX - IV, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE