Appa Rao Jaladi , Patancheru V. Asst. Commissioner of Income Tax, Circle-8(1), Hyderabad

ITA 1793/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1156 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 01-07-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 11-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard
• Section: 144; 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO. 1 793 /H/20 1 9 ASSESSMENT YEAR: 201 5 - 16 APPA RAO JALADI, PATANCHERU. PAN AZIPJ 8296J VS. ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 8(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: S MT. S. SANDHYA REVENUE BY: S HRI ROHIT MUJUMDAR DATE OF HEARING: 01 /0 7 /2021 DATE OF PRONOUNCEMENT: 05 /0 7 /2021 O R D E R PER L.P. SAHU, A.M. : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST CIT(A) 2 , HYDERABADS ORDER , DATED 2 0 / 0 8 /201 9 FOR AY 2011 - 12 INVOLVING PROCEEDINGS U/S 144 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2 . IN THE COURSE OF HEARING, IT WAS POINTED OUT BY THE LEARNED COUNSEL OF THE ASSESSEE THAT THE LEARNED CIT(A) HAD I TA NO. 1793 /HYD /201 9 APPA RAO JALADI, HYD. : - 2 - : DECIDED THE MATTERS EX - PARTE. THEREFORE, IT WOULD BE IN THE INTEREST OF JUSTICE, THE MATTER MAY BE RESTORED TO HIS FILE FOR DECIDING VARIOUS GR OUNDS OF APPEAL S ON MERITS. THE LEARNED DR AGREED WITH THE AFORESAID STATEMENT OF THE LEARNED AR. 4 . WE HAVE CONSIDERED THE FACTS OF THE CASE AND THE REQUEST MADE BY THE LEARNED AR. WE ARE OF THE VIEW THAT INTEREST OF JUSTICE WILL BE SERVED IF THE MATTER IS RESTORED TO THE FILE OF FIRST APPELLATE AUTHORITY FOR DECIDING VARIOUS GROUNDS OF APPEAL OF THE ASSESSEE ON MERITS. ACCORDINGLY, THE CIT(A) IS DIRECTED TO AFFORD REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND THEREAFTER DECIDE THE APPEAL ON M ERITS. WE DIRECT THE ASSESSEE TO APPEAR BEFORE CIT(A) ON OR BEFORE 3 0 TH O CTOBER , 2021 WITH ALL THE RELEVANT EVIDENCES; AT HIS OWN RISK AND RESPONSIBILITY TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 5 TH JULY , 2021 . SD/ - SD/ - ( S.S. GODARA ) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 5 TH JU LY , 20 2 1 . K V I TA NO. 1793 /HYD /201 9 APPA RAO JALADI, HYD. : - 3 - : C OPY TO : 1 APPA RAO JALADI, G - 5, V.K. PLAZA, 1 ST PHASE, JAY ALAKSHMI NAGAR, BEERAMGUDA 10 & 11 ROAD, AMEENPUR VILLAGE, PATANCHERU MANDAL, SANGAREDDY DIST. 2 AC IT, CIRCLE 8(1), SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3 C I T(A) 2 , HYDERABAD. 4 PR. CIT - 2 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.