Agencydigi Communications Private Limited, Hyderabad V. Income Tax Officer, Ward-1(1), Hyderabad

ITA 2026/Hyd/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5629 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2021
• 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
• Keywords: Opportunity of being heard; Additional evidence
• Section: 144

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 ITA NO. 2026 /H/20 18 ASSESSMENT YEAR: 2014 - 15 AGENCYDIGI COMMUNICATIONS PVT. LTD. HYDERABAD [PAN: AA I CA 6740L ] VS. INCOME TAX OFFICER WARD 1(1) HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: S HRI ROHIT MUJUMDAR , DR DATE OF HEARING: 24 /08/2021 DATE OF PRONOUNCEMENT: 1 7 /0 9 /2021 O R D E R PER L.P. SAHU, A.M.: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST CIT( A ) - 1 , HYDERABADS ORDER, DATED 16/05/2018 INVOLVING PROCEEDINGS U/S 144 OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT]. DURING THE COURSE OF HEARING, NONE WERE PRESENT ON BEHALF OF THE ASSESSEE. THEREFORE, THE CASE WAS HEARD EX PARTE QUA THE D.R. AT THE OUTSET, IT IS OBSERVED THERE IS A DELAY OF 23 DAYS IN FILING THE APPEAL BEFORE THE TRIBUNAL WHICH STANDS CONDONED , TO W HICH LD.DR HAD NO OBJECTION. ITA NO. 2026/HYD/18 AY 2014 - 15 M/S AGENCYDIGI COMMUNICATIONS PVT LTD HYD. 2 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE FILED RETURN OF INCOME ON 29.11.2011 DECLARING NIL INCOME. THE CASE WAS SELECTED FOR SCRUTINY AND STATUTORY NOTICES WERE ISSUED TO THE ASSESSEE. DURING THE COURSE OF ASSESSM ENT, IT WAS OBSERVED BY THE ASSESSING OFFICER THAT THERE WAS A DIFFERENCE BETWEEN THE SALES/GROSS RECEIPTS DECLARED IN THE RETURN OF INCOME AND FORM NO.26 AS AND OTHER OBSERVATIONS WERE MADE BY THE ASSESSING OFFICER AND COMP LE TED ASSESSMENT U/S 144 OF TH E ACT. 3. FEELING AGGRIEVED FROM THE ORDER OF THE AO THE ASSESSEE FILED APPEAL BEFORE THE CIT(A) AND FILED SOME ADDITIONAL EVIDENCES, BUT THE CIT(A) AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE, DISMISSED THE APPEAL. 4. FEELING AGGRIEVE D FROM THE ORDER OF THE CIT(A) THE ASSESSEE IS IN APPEAL BEFORE US ON THE FOLLOWING GROUNDS OF APPEAL. (1) RELIEF CLAIMED: ADDITION OF RS. 24,83,738/ - ON ACCOUNT OF MISMATCH BETWEEN REVENUE AS PER FORM 26 AS AND PROFIT AND LOSS STATEMENT BE DELETED. GROUNDS: 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE: THE HONBLE CIT(APPEALS) WAS JUSTIFIED IN SUSTAINING THE ADDITION ON ACCOUNT OF MISMATCH BETWEEN REVENUE AS PER FORM 26 AS AND PROFIT AND LOSS STATEMENT WITHOUT CONSIDERING AND REFERRING THE ADDITIONAL EVIDENCES TO THE ASSESSING OFFICER. 5 . LD.DR SUBMITTED THAT THE CIT(A) HAS PASSED A WELL REASONED ORDER AND IT DOES NOT REQUIRE ANY INTERFERENCE . 6 . AFTER HEARING THE LD.DR, WE OBSERVE THAT THERE IS A DIFFERENCE BETWEEN THE GROSS RECEIPTS/SALES REPORTED IN THE INCOME TAX RETURN AND FORM 26 AS AS PER OBSERVATIONS OF THE CIT(A) THAT THERE WAS A DIFFERENCE DUE TO NON - RECORDING OF SERVICE TAX. ITA NO. 2026/HYD/18 AY 2014 - 15 M/S AGENCYDIGI COMMUNICATIONS PVT LTD HYD. 3 6 .1. AS PER GROUNDS OF APPEAL THAT THE ADDITIONAL EVIDENCE FILED BY THE ASSES SEE WERE ALSO NOT CONSIDERED WHILE ADJUDICATING THE ISSUE. THEREFORE, WE DEEM IT FIT TO SEN D IT BACK TO THE FILE OF ASSESSING OFFICER FOR RECONCILIATION OF THE DIFFERENCE AS NOTED BY THE AUTHORITIES BELOW AND THE ASSESSEE IS GIVEN LIBERTY TO PRODUCE THE DOCUMENTS TO SUBSTANTIATE HIS CLAIMS. NEEDLESS TO SAY THAT A REASONABLE OPPORTUNITY OF BEING HEARD BE GIVEN TO ASSESSEE. ASSESSEE IS FURTHER DIRECTED NOT TO SEEK UNNECESSARY ADJOURNMENTS AND SHALL COOPERATE FOR EARLY DISPOSAL OF THE CASE. 6 . IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED ON 17 TH SEPTEMBER, 2021. SD/ - SD/ - (S.S. GODARA) (L. P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD DATED: 17 TH SEPTEMBER, 2021. *GMV COPY TO : 1 M/S AGENCYDIGI COMMUNICATIONS PVT. LTD. PLOT NO 305, MAYFAIR GARDENS, ROAD NO.12, NEAR ORIS RESTAURANT, BANJARA HILLS, HYDERABAD 500 034 , TELANGANA. 2 ITO, WARD 1(1), HYDERABAD. 3 ACIT, RANGE 1, HYDERABAD 4 CIT(A) - 1, HYDERABAD 5 PR.CIT - 1, HYDERABAD 6 ITAT, DR, HYDERABAD. 7 GUARD FILE.