Adi Lakshmi Nadurupati, Hyderabad V. Income Tax Officer, Ward-12(3), Hyderabad

ITA 1845/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6559 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Assessment Year: 2016-2017
• Appeal Filed On: 20-12-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: KAMAL PAL JAIN
• Keywords: Capital Gains
• Section: 69; 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER ITA NOS. 1845/HYD/2019 A.Y.: 2016 - 17 ADI LAKSHMI NUDURUPATI, HYDERABAD. PAN: ALZPN 2643 J VS. INCOME TAX OFFICER, WARD - 12(3), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI KAMAL PAL JAIN REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 15/04/2021 DATE OF PRONOUNCEMENT: 16/04/2021 ORDER PER DUVVURU R.L. REDDY, J.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 1, HYDERABAD IN APPEAL NO. 10241/2018 - 19/ITO 12(3)/CIT(A) - 1/HYD/2019 - 20, DATED 18/10/2019 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 2016 - 17. 2. IN THIS APPEAL THE ASSESSEE HAS RAISED SIX GROUNDS AND THEY ARE EXTRACTED HEREIN BELOW FOR REFERENCE: - (I) THE ORDER OF THE FIRST APPELLATE AUTHORITY IS NOT CORRECT EITHER IN LAW OR ON FACTS AND IN BOTH. (II) THE LEARNED FIRST APPELLATE AUTHORITY IS NOT JUSTIFIED IN NOT GIVI NG APPROPRIATE OPPORTUNITIES OF BEING HEARD. 2 (III) THE LEARNED FIRST APPELLATE AUTHORITY IS NOT JUSTIFIED IN CONFIRMING THE ADDITION OF RS. 12,60,000/ - AS LONG TERM CAPITAL GAINS IN WHICH THE APPELLANT SHARE IS 50% ONLY. (IV) THE LEARNED FIRST APPELLATE AU THORITY IS NOT JUSTIFIED IN CONFIRMING THE ADDITION OF RS. 15,95,000/ - MADE U/S 69 OF THE ACT. (V) THE LEARNED FIRST APPELLATE AUTHORITY IS NOT JUSTIFIED IN CONFIRMING THE ADDITION OF RS. 30,00,000/ - MADE U/S. 69 BEING THE INVESTMENT FOR PURCHASE OF PROPER TY. (VI) THE APPELLANT CRAVES LEAVE TO ADD, AMEND OR ALTER ANY OF THE ABOVE GROUNDS. 3. AT THE OUTSET, THE LD. AR SUBMITTED BEFORE US THAT THE LD. CIT (A) HAS PASSED EX - PARTE ORDER WITHOUT PROVIDING AN OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. IT WAS THEREFORE PLEADED THAT THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE LD CIT (A) IN ORDER TO PROVIDE ONE MORE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD . LD. DR, ON THE OTHER HAND, VEHEMENTLY OPPOSED TO THE SUBMISSIONS OF THE LD. AR AND ARGUED THAT SUF FICIENT OPPORTUNITIES HAD BEEN PROVIDED TO THE ASSESSEE HOWEVER, ON THE GIVEN DATES OF HEARING, NEITHER THE ASSESSEE NOR ITS REPRESENTATIVE APPEARED BEFORE THE LD. CIT (A). THEREFORE THE LD. CIT (A) HAD NO OTHER OPTION BUT TO PASS EX - PARTE ORDER BASED ON T HE MATERIALS AVAILABLE ON RECORD. HENCE, IT WAS PLEADED THAT THE ORDER PASSED BY THE LD. CIT(A) DO ES NOT CALL FOR ANY INTERFERENCE. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY PERUSED THE MATERIALS ON RECORD. ON EXAMINING THE FACTS OF THE CASE, WE FIND MERIT IN THE SUBMISSIONS OF THE LD. DR. THE LD. CIT (A) HAD POSTED THE CASE ON SEVERAL OCCASIONS. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE BEFORE THE CIT(A) ON THE DATES OF HEARING. THEREFORE, THE LD. CIT (A) WAS 3 LEFT WITH NO OTHER OPTI ON EXCEPT TO ADJUDICATE THE APPEAL EX - PARTE. HOWEVER, CONSIDERING THE PRAYER OF THE LD. AR, IN ORDER TO MEET THE ENDS OF JUSTICE, WE HEREBY REMIT THE MATTER BACK TO THE FILE OF LD. CIT (A) IN ORDER TO CONSIDER THE INSTANT APPEAL AFRESH ON MERITS BY PROVIDING ONE MORE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. AT THE SAME BREATH, WE ALSO HEREBY CAUTION THE ASSESSEE TO PR OMPTLY CO - OPERATE BEFORE THE LD. CIT (A) IN THE PROCEEDINGS FAILING WHICH THE LD. CIT (A) SHALL BE AT LIBERTY TO PASS AN APPROPRIATE ORDER IN ACCORDANCE WITH LAW BASED ON THE MATERIALS ON RECORD. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES AS INDICATED HEREINABOVE. PRONOUNCED IN THE OPEN COURT ON THE 16 TH APRIL, 2021. SD/ - SD/ - ( LAXMI PRASAD SAHU ) (DUVVURU R.L. REDDY) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 16 TH APRIL, 2021 OKK COPY TO: - 1) SMT ADILAKSHMI NUDURUPATI, 21 - 6/3, PLOT NO.75, DAYANAND NAGR, MALKAJGIRI, HYDERABAD. 2) INCOME TAX OFFICER, WARD - 12(3), AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 500 004. 3) THE CIT (A) - 1, HYDERABAD. 4) THE PR. CIT - 1, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE