D. Suresh Kumar, Hyderabad V. ITO,Ward 16(2), Hyderabad

ITA 164/HYD/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6644 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 24-03-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 03-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU
• Assessee Lawyers: S RAMA RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA.NO.164/HYD/2014 ASSESSMENT YEAR 2010-2011 MR. D. SURESH KUMAR, HYDERABAD. PAN AEOPD9880R VS. THE INCOME TAX OFFICER, WARD-16(2), HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE : MR. S. RAMA RAO FOR REVENUE : MR. B. KURMI NAIDU DATE OF HEARING : 24.03.2016 DATE OF PRONOUNCEMENT : 07 .0 4 .2016 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y. 2010- 2011. IN THIS APPEAL, THE ASSESSEE IS AGGRIEVED BY THE ORDER OF THE LD. CIT(A) IN CONFIRMING THE ADDITIONS MADE BY THE A.O. OF DEEMED DIVIDED UNDER SECTION 2(22)(E ) OF THE I.T. ACT, THE CAPITAL GAINS AND ALSO UNDER OTHER HE ADS. 2. AT THE TIME OF HEARING, IT IS BROUGHT TO OUR NOTICE BY THE LD. COUNSEL FOR THE ASSESSEE THAT THE ASSESSMENT WAS COMPLETED EX-PARTE-THE-ASSESSEE, AS THE ASSESSEE DID NOT APPEAR AND PRODUCE ANY DETAILS BEF ORE THE A.O. OR THE CIT(A) AND THEREFORE, PRAYED THAT T HE ASSESSEE BE GIVEN ANOTHER OPPORTUNITY TO PRESENT IT S CASE 2 ITA.NO.164/HYD/2014 MR. D. SURESH KUMAR, HYDERABAD. BEFORE THE A.O. THE LD. D.R., HOWEVER, SUPPORTED TH E ORDERS OF THE AUTHORITIES BELOW. 3. TAKING THE ABOVE SUBMISSIONS INTO CONSIDERATION AND ALSO HAVING GONE THROUGH THE ASSESSMENT AS WELL AS THE APPEAL ORDER, WE FIND THA T THE ASSESSEE, THOUGH APPEARED BEFORE THE A.O. IN RESPON SE TO THE NOTICES ISSUED, FAILED TO FURNISH ANY INFORMATI ON BEFORE HIM. BEFORE THE CIT(A), THOUGH, THE ASSESSEE HAS RAISED SOME CONTENTIONS AGAINST THE ADDITIONS MADE BY THE A.O., CIT(A), WITHOUT VERIFYING ANY OF THEM, HA S SUMMARILY REJECTED THEM. THEREFORE, WE FIND THAT NO NE OF THE AUTHORITIES BELOW HAVE VERIFIED THE FACTS BEFOR E MAKING OR CONFIRMING THE ADDITIONS. IN VIEW OF THE SAME, W E ARE SATISFIED THAT IN THE INTEREST OF JUSTICE, THE ISSU ES ARE TO BE REMITTED TO THE FILE OF THE A.O. FOR DENOVO CONSI DERATION IN ACCORDANCE WITH LAW. THE ASSESSEE IS ALSO DIRECT ED TO APPEAR BEFORE THE A.O. AND FURNISH THE REQUIRED DET AILS AND COOPERATE WITH HIM/HER FOR EARLY COMPLETION OF THE ASSESSMENT PROCEEDINGS. 3. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 07.04.2016. SD/- SD/- (B. RAMAKOTAIAH) (SMT. P. MADHAVI DEVI) ACOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 07 TH APRIL, 2016 VBP/- 3 ITA.NO.164/HYD/2014 MR. D. SURESH KUMAR, HYDERABAD. COPY TO : 1. MR. D. SURESH KUMAR, HYDERABAD. C/O. MR. S. RAMA RAO, ADVOCATE, FLAT NO.103, H.NO.3-6-542/4, INDIRADEVI NILAYAM, STREET NO.7, HIMAYATNAGAR, HYDERABAD. 2. THE INCOME TAX OFFICER, WARD - 16(2), HYDERABAD. 3. CIT(A) - V, HYDERABAD. 4. CIT - IV , HYDERABAD. 5. D.R. ITAT B BENCH, HYDERABAD. 6. GUARD FILE