Damodar Reddy Nandigama , Warangal V. Income Tax Officer, Ward-4, Warangal

ITA 2025/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3371 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 09-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S LAKSHMI THARANGINI
• Section: 201; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH B HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER I.T.A. NO. 2025 /HYD./201 8 A .Y : 201 4 - 15 SRI DAMODAR REDDY NANDIGAMA VS. ITO, WARD 4 WARANGAL WARANGAL [PAN: AKMPN3259J ] (APPELLANT) (RESPONDENT) FOR ASSESSEE: MS. S. LAKSHMI THARANGINI , AR FOR REVENUE: SHRI ROHIT MUJUMDAR, D.R. DATE OF HEARING : 10 /0 3 / 2021 DATE OF PRONOUNCEMENT : 09 /0 6 /2021 O R D E R PER S.S. GODARA, J.M. TH IS ASSESSEES APPEAL A RISE S AGAINST THE CIT(A) - 3 HYDERABADS ORDER DATED 13.07.20188 PASSED IN CASE NO. 0030 /201 7 - 18 FOR A.Y. 201 4 - 15 INVOLVING PROCEEDINGS U/S 144 OF THE INCOME TAX ACT, 1961 ; FOR SHORT THE ACT . HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THE CIT(A)S LOWER APPELLATE ORDER AFFIRMING THE ASSESSING OFFICERS ACTION ADDING THE ASSESEES BANK DEPOSITS OF RS. 2,40,05,847/ - DURING THE COURSE OF ASSESSMENT FRAMED O N 2712.2016; HAS BEEN PASSED EX PARTE. ITA NO 2025/HYD/2018 AAY 2014 - 15 SRI DAMODAR REDDY NANDIGAMA 2 2.1. MR.R. MAJUMDAR, LEARNED D . R. VEHEMENTLY CONTENDED THAT THE CIT(A)S LOWER APPELLATE DISCUSSION IN PARA VII AT PAGE 3 MAKES IT CLEAR THAT HE HAD VERY MUCH AFFORDED OPPORTUNITIES OF HEARING TO THE ASSESSEE FOR PR ESENTING HIS CASE. HE FAILS TO DISPUTE THAT EVEN IF IT IS HELD THAT ASSESSEE HAS WILFULLY AVOIDED TO APPEAR BEFORE THE CIT(A) , THE FACT REMAINS THAT THE LOWER APPELLATE ORDER UNDER CHALLENGE HAS NOWHERE DEALT WITH THE RELEVANT FACTUAL MATRIX OF ASSESS EES BANK DEPOSITS AFTER GRANTING CREDIT FOR CORRESPONDING WITHDRAWALS THEREFROM ; IF ANY. FACED WITH THIS SITUATION, WE DEEM IT PROPER TO RESTORE THE ASSESSEES INSTANT SOLE SUBSTANTIVE GRIEVANCE BACK TO CIT(A) FOR HIS FRESH ADJUDICATION IN LIGHT OF SEC . 250(6) OF THE ACT WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. ORDERED ACCORDINGLY. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN OPEN COURT ON 09 TH JUNE, 2021. SD/ - SD/ - ( A MOHAN ALANKAMONY ) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 09 TH JUNE, 2021. * GMV COPY OF THE ORDER FO RWARDED TO: 1. SHRI DAMODAR REDDY NANDIGAMA, 5 - 6 - 43/3, MAIN ROAD, MARIPEDA, WARANGAL 2. ITO, WARD 4, WARANGAL 3. A CIT, WARANGAL RANGE, WARANGAL 4. CIT(A) - 3 , HYDERABAD 5. PR . CIT - 3 , HYDERABAD 6. DR, ITAT, HYDERABAD. 7. GUARD FILE.