Anurag Steel Enterprises, Hyderabad, Hyderabad V. ITO, Ward-7(3), Hyderabad, Hyderabad

ITA 1602/HYD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2711 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 29-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Assessee Lawyers: T RAMA MURTHY

Judgement Text

ITA NO 1602 OF 2016 AN URAG STEEL ENTERPRISES HYDERABAD. PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO.1602/HYD/2016 (ASSESSMENT YEAR: 2012-13) M/S. ANURAG STEEL ENTERPRISES HYDERABAD P AN: AAGFA 9373 E VS INCOME TAX OFFICER WARD 7(3) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI T. RAMA MURTHY FOR REVENUE : SMT. N. SWAPNA, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2012-13. IN T HIS APPEAL, THE ASSESSEE IS AGGRIEVED BY THE ORDER OF T HE LEARNED CIT (A)-3, HYDERABAD, DATED 7.10.2016 WHO CONFIRMED THE ADDITIONS MADE BY THE AO ON THE GROUND THAT THE ASSESSEE DID NOT FILE THE INFORMATION CALLED FOR BY THE AO EVEN BEFORE HER. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE ASSESSEE, A PARTNERSHIP FIRM, FILED ITS RETURN OF INCOME ALONG WITH THE AUDITED REPORT U/S 44AB FOR THE RELEVANT A .Y AND ALSO SUBMITTED THE BASIC DATA SUCH AS BOOKS OF ACCOUNT A LONG WITH DETAILS OF UNSECURED LOAN CREDITORS AND SUNDRY CRED ITORS AND OTHER INFORMATION WAS FILED BEFORE THE AO. IT IS SU BMITTED THAT THE DATE OF HEARING: 01.01.2018 DATE OF PRONOUNCEMENT: 10 . 0 1 .2018 ITA NO 1602 OF 2016 AN URAG STEEL ENTERPRISES HYDERABAD. PAGE 2 OF 3 ASSESSEE WAS ASKED TO FURNISH THE ADDRESSES AND CON FIRMATION LETTERS OF THE LOAN CREDITORS ALONG WITH THEIR BANK STATEMENTS. IT IS SUBMITTED THAT THE ASSESSEE SUBMITTED CERTAIN INFOR MATION BUT THE AO, RECORDING THAT THE ASSESSEE HAS NOT FILED T HE RELEVANT INFORMATION, ADDED THE SAME TO THE RETURNED INCOME OF THE ASSESSEE. HE SUBMITTED THAT MOST OF THESE AMOUNTS A RE BROUGHT FORWARD BALANCES OF PREVIOUS YEARS AND ARE NOT PERT AINING TO THE RELEVANT A.Y. IT IS SUBMITTED THAT BEFORE THE CIT ( A), THE ASSESSEE WAS REPRESENTED BY ITS COUNSEL, EXCEPT FOR ONE DAY, WHEN HE COULD NOT APPEAR DUE TO VARIOUS REASONS AND THE CIT (A) HAS CONFIRMED THE ASSESSMENT ORDER. HE SUBMITTED THAT T HE ASSESSEE HAS ALL THE RELEVANT MATERIAL FOR COMPLETING THE AS SESSMENT. THEREFORE, HE PRAYED THAT THE ISSUE MAY BE REMANDED TO THE FILE OF THE AO FOR RECONSIDERATION ON MERITS IN ACCORDANCE WITH LAW. 3. THE LEARNED DR, HOWEVER, SUBMITTED THAT SUFFICIE NT OPPORTUNITIES WERE GIVEN TO THE ASSESSEE TO FILE TH E RELEVANT EVIDENCE BEFORE THE AO AS WELL AS BEFORE THE CIT (A ) BUT THE ASSESSEE HAS FAILED TO DO SO AND THEREFORE, THE MAT TER NEED NOT BE REMANDED TO THE FILE OF THE AO. 4. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE M ATERIAL ON RECORD, WE FIND THAT THE ASSESSEE HAS FILED THE BAS IC DETAILS BEFORE THE AO AND EVEN BEFORE THE CIT (A), THE AR OF THE A SSESSEE APPEARED ON ALL THE DATES OF HEARING, EXCEPT FOR ON E DAY. THE CIT (A) HOWEVER, HAS CONFIRMED THE ADDITIONS OBSERVING THAT THE ASSESSEE HAS FAILED TO FILE THE RELEVANT DATA. WE F IND THAT WITHIN A PERIOD OF FOUR MONTHS, THE APPEAL OF THE ASSESSEE W AS REJECTED, ITA NO 1602 OF 2016 AN URAG STEEL ENTERPRISES HYDERABAD. PAGE 3 OF 3 EVEN THOUGH THE ASSESSEE REPRESENTED BY ITS COUNSEL REQUESTED FOR TIME TO FILE THE RELEVANT MATERIAL. IN VIEW OF THE SAME, AND IN THE INTEREST OF JUSTICE, TO GIVE THE ASSESSEE ANOTH ER OPPORTUNITY OF SUBMITTING THE DETAILS, WE DEEM IT FIT AND PROPER T O REMAND THE ISSUE TO THE FILE OF THE AO FOR DE NOVO CONSIDERATI ON IN ACCORDANCE WITH LAW. THE ASSESSEE SHOULD ALSO COOPERATE WITH T HE AO BY PRODUCING THE RELEVANT MATERIAL. NEEDLESS TO MENTIO N THAT THE ASSESSEE SHOULD BE GIVEN A FAIR OPPORTUNITY OF HEAR ING. 5. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH JANUARY, 2018. SD/- SD/- (B. RAMAKOTAIAH) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 10 TH JANUARY 2018. VINODAN/SPS COPY TO: 1 M/S. ANURAG STEEL ENTERPRISES, 15-9-29, MUKHTIYAR GUNJ, HYDERABAD 500012 2 ITO WARD 7(3) HYDERABAD 3 CIT (A) 3 HYDERABAD 4 PR. CIT 3, HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER