Siva Prasad Nidamarthy, Hyderabad V. Deputy Commissioner of Income Tax, Circle-16(1), Hyderabad

ITA 1811/Hyd/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7377 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-A
• Assessment Year: 2013-2014
• Appeal Filed On: 06-11-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: M NARMADA
• Assessee Lawyers: P N MOORTHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1811/HYD/2017 ASSESSMENT YEAR: 2013-14 SIVA PRASAD NIDAMARTHY, HYDERABAD [PAN: ABVPN0435E] VS DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI P.N.MOORTHY, AR FOR REVENUE : SMT. M.NARMADA, DR DATE OF HEARING : 24-06-2021 DATE OF PRONOUNCEMENT : 17-08-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2013-14 ARISES FROM TH E CIT(A)-4, HYDERABADS ORDER DATED 29-08-2017 PASSED IN CASE NO.0074/2016-17/DCIT,CIR.16(1)/CIT(A)-4/HYD/17-18, IN PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961 [I N SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEE SOLE SUBSTANTIVE GRIEVANCE CANVASSED IN THE INSTANT APPEAL CHALLENGES CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION TREATING HIS CASH DEPOSITS OF ITA NO. 1811/HYD/2017 :- 2 -: RS.28,95,000/-; ALLEGEDLY REPRESENTING HIS AGRICULT URAL INCOME, AS UN-EXPLAINED CASH CREDITS U/S.68 OF THE ACT. 3. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE ASSESSEE HAS HIMSELF PUT IN APPEARANCE AS WELL. OUR ATTENTION HAS INVITED TO HIS PAPER BOOK RUNNING INTO 23 PGS INTER ALIA INDICATING HIM TO BE IN POSSESSION OF AGRICULTURAL LAN DS MEASURING 19.11 ACRES IN MEDAK DISTRICT. WE ARE FURTH ER TAKEN TO THE CIT(A)S ORDER AS WELL THAT THE ASSESSEE HAD ALSO FILED THE CORRESPONDING DETAILS OF THE SAID LAND ALONG WITH THE AFFIDAVIT OF SHRI NIDAMARTHY SUSHIL KUMAR. CASE FILE ALSO SUG GESTS THAT THE INSPECTOR OF INCOME TAX HAD INSPECTED THE AGRICULTU RAL LANDS IN QUESTION AS PER THE DIRECTIONS OF THE ADIT AN D ALLEGEDLY TOOK PHOTOGRAPHS OF CROPS AND FLOWERS ETC. 4. THE REVENUES CASE ON THE OTHER HAND IS THAT ALTHOUGH THE ASSESSEE HAS THROUGHOUT CLAIMED HIMSELF HAVE DERIV ED AGRICULTURAL INCOME, BOTH THE LEARNED LOWER AUTHORITIES HAVE FOUND SUFFICIENT LOOPHOLES IN HIS EXPLANATION TENDERED IN THE COURSE OF ASSESSMENT AS WELL AS IN THE CIT(A)S PROC EEDINGS. 5. WE HAVE GIVEN OUR THOUGHTFUL CONSIDERATION TO RIVAL PLEADINGS. WE MAKE IT CLEAR THAT THE ASSESSEES STAND F ROM THE DAY ONE THAT HE HAD IN FACT SOLD AGRICULTURAL PRODUCE HARVESTED ON THE FOREGOING LANDS MEASURING 19.11 ACRES ONLY. WE NOTE THAT HE HAS PLACED ON RECORD THE CORRESPONDING AFFIDAV IT AND OTHER DOCUMENTARY EVIDENCES AND WAS ALSO FOUND TO BE I N POSSESSION THEREOF SO FAR AS THE IMPUGNED INCOME TAX PROCEEDINGS ARE CONCERNED. LEARNED COUNSEL ALSO FAI LED TO DENY THE CLINCHING FACT THAT HE HAS NOT FILED ON RECORD THE ITA NO. 1811/HYD/2017 :- 3 -: CORRESPONDING DETAILS OF SALE RECEIPTS IN THE AGRICUL TURAL MARKETING PLATFORM CONCERNED. FACED WITH THIS SITUATION, WE DEEM IT APPROPRIATE THAT A LUMPSUM ADDITION OF RS.14.5 LAKHS AS AGAINST THAT IN ISSUE OF RS.28.95 LAKHS WOULD BE JUST AND PROPER WITH A RIDER THAT THE SAME SHALL NOT BE TREATED AS A PRECEDENT IN ANY OTHER CA SE OR IN ANY PRECEDING OR SUCCEEDING ASSESSMENT YEAR; AS TH E CASE MAY BE. IT IS FURTHER CLARIFIED THAT OUR FOREGOING DETA ILED DISCUSSION WOULD NOT BE TAKEN AS A FINDING ON FACT REG ARDING THE ASSESSEES CLAIM OVER TITLE OR POSSESSION OF THE LA NDS CONCERNED. NECESSARY COMPUTATION TO FOLLOW. 6. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH AUGUST, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 17-08-2021 TNMM ITA NO. 1811/HYD/2017 :- 4 -: COPY TO : 1.SHRI SIVA PRASAD NIDAMARTHY, C/O.SHRI P.N.MOORTHY , 1-8-518/16, CHIKKADAPALLY, HYDERABAD. 2.THE DCIT, CIRCLE-16(1), HYDERABAD. 3.CIT(APPEALS)-4, HYDERABAD. 4.PR.CIT-4, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.