SVPCL Limited, Hyderabad V. Dy. Commissioner of Income Tax , Circle-3(2), Hyderabad

ITA 1873/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2765 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 21-06-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 12-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P.MURALI MOHANA RAO

Judgement Text

ITA NO 1873 OF 2018 SVPCL LTD HYDERABAD 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.1873/HYD/2018 ASSESSMENT YEAR: 2015-16 M/S.SVPCL LTD HYDERABAD PAN:AAFCS0756A VS. DY. CIT CIRCLE 3 (2) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI P. MURALI MOHANA RAO REVENUE BY : SRI ROHIT MUJUMDAR,DR DATE OF HEARING: 21/06/2021 DATE OF PRONOUNCEMENT: 23/06/2021 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)-3, HYDERABAD, DATED 20.06. 2018. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE SUBMITTED THAT THE ORDER OF THE CIT (A) IS EX-PARTE THE ASSESSEE DUE TO NON-APPEARANCE OF THE ASSESSEE AND HE PRAYED FOR AN OPPORTUNITY TO SUBMIT ALL THE DETAILS BEFORE THE AU THORITIES BELOW. HE SUBMITTED THAT EVEN BEFORE THE ASSESSING OFFICER , THE ASSESSEE COULD NOT SUBMIT THE DETAILS DUE TO WHICH THE ASSES SING OFFICER HAS DISALLOWED CERTAIN EXPENDITURE. THEREFORE, HE P RAYED FOR A REMAND OF THE MATTER TO THE FILE OF THE ASSESSING O FFICER. ITA NO 1873 OF 2018 SVPCL LTD HYDERABAD PAGE 2 OF 2 3. THE LEARNED DR, HOWEVER, SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 4. HAVING GONE THROUGH THE ORDERS OF BOTH THE ASSES SING OFFICER AS WELL AS THE CIT (A), WE FIND THAT THE AS SESSEES CLAIM OF EXPENDITURE HAS BEEN DISALLOWED BY THE ASSESSING OF FICER FOR WANT OF EVIDENCE AND THE ORDER OF THE CIT (A) IS EX-PART E THE ASSESSEE. IN VIEW OF THE SAME, WE DEEM IT FIT AND PROPER TO R EMAND THE ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR DENOVO CON SIDERATION IN ACCORDANCE WITH LAW. NEEDLESS TO MENTION THAT THE A SSESSEE SHALL BE GIVEN A FAIR OPPORTUNITY OF HEARING AND THE ASSE SSEE IS ALSO DIRECTED TO APPEAR AND FILE ALL THE DETAILS AND COO PERATE WITH THE ASSESSING OFFICER FOR AN EARLY COMPLETION OF THE AS SESSMENT. 5. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD JUNE, 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 23 RD JUNE, 2021. VINODAN/SPS COPY TO: S.NO ADDRESSES 1 SVPCL LTD C/O P. MURALI & CO. CA, 6 - 3 - 655/2/3 1 ST FLOOR, SOMAJIGUDA, HYDERABAD 500082 2 DY.CIT, CIRCLE 3(2) HYDERABAD 3 CIT (A)-3,HYDERABAD 4 PR. CIT - 3, HYDERABAD 5 DR, ITAT HYDERABAD BEN CHES 6 GUARD FILE BY ORDER