Kanakadhara Ventures Private Limited, Hyderabad V. Dy. Commissioner of Income Tax , Circle-2(1), Hyderabad

ITA 1637/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8655 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 11-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y.V.S.T. SAI
• Keywords: Condonation of delay

Judgement Text

ITA NO 1637 OF 2019 KANAKADHARA VENTURES P LTD HYD ERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1637/HYD/2019 ASSESSMENT YEAR: 2015-16 KANAKADHARA VENTURES PRIVATE LIMITED, HYDERABAD PAN:AACCK6555H VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 2(1) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI MOHD. AFZAL, REVENUE BY : SRI Y.V.S.T. SAI, CIT(DR) DATE OF HEARING: 23/03/2021 DATE OF PRONOUNCEMENT: 24/03/2021 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2015-16 AGAIN ST THE ORDER OF THE CIT (A)-2, HYDERABAD, DATED 20.08. 2019. 2. ONE OF THE GROUNDS RAISED BY THE ASSESSEE IS THA T THE CIT (A) OUGHT TO HAVE ACCORDED ONE MORE OPPORTUNITY TO THE ASSESSEE TO PRESENT A PETITION FOR CONDONATION OF D ELAY BEFORE THE CIT (A) AND ALSO SUBMIT MATERIAL IN RESPECT OF DISA LLOWANCES MADE BY THE AO. WE FIND THAT THE CIT (A) HAS DISMISSED T HE ASSESSEES APPEAL MAINLY ON THE GROUND THAT THOUGH THERE WAS A DELAY OF 147 DAYS IN FILING OF THE APPEAL, THE ASSESSEE HAS NOT FILED AN APPLICATION FOR CONDONATION OF DELAY. FURTHER, THER E IS ALSO A FINDING THAT THE ASSESSEE DID NOT APPEAR AND THEREF ORE, THE APPEAL IS DISMISSED FOR THAT REASON AS WELL. ITA NO 1637 OF 2019 KANAKADHARA VENTURES P LTD HYD ERABAD PAGE 2 OF 2 3. THE LEARNED COUNSEL FOR THE ASSESSEE PLEADED THA T THE ASSESSEE MAY BE GIVEN AN OPPORTUNITY TO FILE AN APP LICATION FOR CONDONATION OF DELAY BEFORE THE CIT (A). 4. THE LEARNED DR, HOWEVER, OPPOSED THE REMAND OF T HE ISSUE TO THE FILE OF THE CIT (A). HOWEVER, WE FIND THAT THE ORDER OF THE CIT (A) IS EX-PARTE THE ASSESSEE AS THERE WAS N O COMPLIANCE BY THE ASSESSEE BEFORE THE CIT (A) AT ALL. THEREFORE, IT IS NOT KNOWN WHETHER THE ASSESSEE WAS PROPERLY SERVED WITH A NOT ICE OR NOT. FURTHER, THE ASSESSEE HAS NOT FILED AN APPLICATION FOR CONDONATION OF DELAY BEFORE THE CIT (A). THEREFORE, WE DIRECT T HE ASSESSEE TO FILE AN APPLICATION FOR CONDONATION OF DELAY BEFORE THE CIT (A) AND THE CIT (A) SHALL DISPOSE OF THE SAME AND IF THE DELAY IS CONDONED BY THE CIT (A), THEN HE MAY ALSO DISPOSE OF THE APPEAL ON MERITS. 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH MARCH, 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 24 TH MARCH, 2021. VINODAN/SPS COPY TO: 1 KANAKADHARA VENTURES (P) LTD C/O MOHD. AFZAL, ADV OCATE, NO.402, SHERSONS RESIDENCY, 11-5-465, CRIMINAL COU RT ROAD, RED HILLS, HYDERABAD 500004 2 DY. CIT, CIRCLE 2(1) HYDERABAD 3 CIT (A)-2 HYDERABAD 4 PR. CIT 2 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER