Amancharia usha Rani , Nellore V. Income Tax Officer, Ward-5, Nellore

ITA 1634/Hyd/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7542 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 21-10-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 03-08-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: V V S C MURALIDHAR RAO
• Section: 13; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B - SMC, HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1634/HYD/2018 ASSESSMENT YEAR: 2014 - 15 SMT. AMANCH E RLA USHA RANI, D. NO. 27 - 11 - 141, GOWDA HOSTEL CENTRE, BALAJI NAGAR, NELLORE TOWN - 524002. PAN: AGSPA 2283 M VS. INCOME TAX OFFICER, WARD - 5, DARGAMITTA, NELLORE TOWN. (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI V.V.S.C. MURALIDHAR RAO, REVENUE BY: SRI NILANJAN DEY, DR DATE OF HEARING: 21/10/2019 DATE OF PRONOUNCEMENT: 13 / 01 /20 20 ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A), TIRUPATI IN APPEAL NO. 107/016 - 17/CIT(A)/TPT, DATED 30/05/2018 PASSED U/S. 144 R.W.S 250(6) OF THE ACT FOR THE A.Y. 2014 - 15. 2. THE ASSESSEE HAS RAISED 5 GROUNDS IN HER APPEAL HOWEVER, THE CRUX OF THE ISSUE IS THAT THE LD. CIT(A) IS NOT JUSTIFIED IN UPHOLDING THE ORDER OF THE LD. A.O. PASSED U/S. 144 OF THE IT ACT, 1961 . 2 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A N INDIVIDUAL ENGAGED IN THE BUSINESS OF TRADING IN GRAINS AND PADDY, FILED HER E - RETURN OF INCOME ON 17/3/2015 ADMITTING TOTAL INCOME OF RS. 4,03,100/ - . THEREAFTER, THE CASE WAS TAKEN UP FOR SCRUTINY. DURING THE COURSE OF SCRUTINY ASSESS MENT PROCEEDINGS IT WAS OBSERVED BY THE LD. AO THAT THE ASSESSEE HAD DEPOSITED RS. 9 LAKHS IN HER SAVINGS ACCOUNT. FURTHER, THERE WERE CERTAIN DISCREPANCIES WITH RESPECT TO PADDY BUSINESS AMOUNTING TO RS. 1,13,420/ - . SINCE NEITHER THE ASSESSEE NOR HER COU NSEL HAD EXPLAINED THE TRANSACTION BEFORE THE LD. AO AND ALSO FAILED TO APPEA R DURING THE DATE OF HEARING, THE LD. AO PASSED EX - PARTE ORDER BY ADDING THE AMOUNT OF RS. 9 LAKHS AND RS. 1,13,420/ - AS THE INCOME OF THE ASSESSEE. 4. ON APPEAL, THE LD. CIT (A ) CONFIRMED THE ORDER OF THE LD. AO BECAUSE SHE COULD NOT DISPROVE THE FINDING OF THE LD. AO WITH COGENT EVIDENCE. 5. AT THE OUTSET, THE LD. AR SUBMITTED BEFORE US THAT THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE LD. AO IN ORDER TO PROVIDE THE ASSES SEE WITH ONE MORE OPPORTUNITY OF BEING HEARING. THE LD. DR VEHEMENTLY OPPOSED TO THE SUBMISSIONS OF THE LD. AR. 6. I HAVE HEARD RIVAL SUBMISSIONS AND CAREFULLY PERUSED THE MATERIALS ON RECORD. ON PERUSING THE ORDER OF THE LD. AO, IT APPEARS THAT THERE AR E SOME RTGS TRANSFERS OF RS. 9 LAKHS WHICH THE ASSESSEE 3 CLAIMS TO HAVE WITHDRAWN AND REDEPOSITED. FURTHER T HE ASSESSEE HAS ALSO CLAIMED THE INCOME EARNED FROM SALE OF PADDY AS AGRICULTURAL INCOME WHICH ALSO NEEDS VERIFICATION AS TO WHETHER THE AGRICULTURA L PRODUCE ARE FROM THE ASSESSEES F A RM OR THE ASSESSEE IS INDULG ING IN TRADING ACTIVITIES. THEREFORE, IN THE INTEREST OF JUSTICE, I HEREBY REMIT THE MATTER BACK TO THE FILE OF LD. AO FOR DE - NOVO CONSIDERATION THEREBY PROVIDING ONE MORE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD BEFORE THE LD. REVENUE AUTHORITIES. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 13 TH JANUARY, 2020 . SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 13 TH JANUARY, 2020 OKK COPY TO: - 1) SMT. AMANCH E RLA USHA RANI, D. NO. 27 - 11 - 141, GOWDA HOSTEL CENTRE, BALAJI NAGAR, NELLORE TOWN - 524002. 2) INCOME TAX OFFICER, WARD - 5, DARGAMITTA, NELLORE TOWN. 3) THE CIT(A) , TIRUPA TI. 4) THE PR. CIT, TIRUPATI. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE