Appeal details
Counselvise Citation
[2019] 115 COUNSELVISE.COM (IT) 3260 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 1 month(s) 3 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
15-11-2019
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
DB-A
Next Hearing Date
13-11-2019
Assessment Year
2013-2014
Appeal Filed On
12-10-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER I.T.A. NO. 2039/HYD/2018 ASSESSMENT YEAR: 2013-14 KANDULA VENKATESWARLU, KODAD [PAN: BTKPK4256J] VS INCOME TAX OFFICER, WARD-1, SURYAPET (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI Y.V.BHANU NARAYAN RAO, AR FOR REVENUE : SMT. E.A. HANGAL, DR DATE OF HEARING : 13-11-2019 DATE OF PRONOUNCEMENT : 15-11-2019 O R D E R THIS APPEAL FILED BY THE ASSESSEE FOR THE AY.2013-14, IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCO ME TAX (APPEALS)3, HYDERABAD, DATED 10-07-2018. 2. AT THE OUTSET, LD.COUNSEL FOR THE ASSESSEE SUBMITTED TH AT THE ASSESSMENT ORDER WAS PASSED U/S.144 OF THE INCOME TAX ACT [ACT] AS THE ASSESSEE HAD NOT APPEARED AND EVEN THE CIT(A) HAS CONFIRMED THE ORDER OF THE AO, ONLY BECAUSE THE ASSESSEE WAS NOT ABLE TO SUBSTANTIATE THE SOURCES OF CASH DEPOSI TS MADE INTO THE BANK ACCOUNT. THEREFORE, LD.COUNSEL PRAYED THAT THE ASSESSMENT ORDER MAY BE SET ASIDE TO THE FILE OF AO FO R DENOVO ASSESSMENT. 3. LD.DR WAS ALSO HEARD. ITA NO. 2039/HYD/2018 :- 2 -: 4. I FIND THAT THE ASSESSMENT ORDER AS WELL AS THE ORDER OF LD.CIT(A) ARE EX-PARTE THE ASSESSEE. THE ADDITION IS OF RS.25,59,101/-, WHICH IS THE TOTAL OF THE DEPOSITS MADE INTO THE BANK ACCOUNT. THEREFORE, I AM INCLINED TO SET ASIDE THE ISSUE TO THE FILE OF AO WITH A DIRECTION TO RE-DO THE A SSESSMENT DENOVO IN ACCORDANCE WITH LAW, AFTER GIVING THE ASSESSEE A F AIR OPPORTUNITY OF HEARING. THE ASSESSEE IS ALSO DIRECTED TO CO-OPERATE WITH THE AO FOR EARLY COMPLETION OF ASSESSM ENT OF HIS INCOME, BY PROVIDING THE NECESSARY DETAILS. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH NOVEMBER, 2019 SD/- (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED: 15-11-2019 TNMM ITA NO. 2039/HYD/2018 :- 3 -: COPY TO : 1. KANDULA VENKATESWARLU, C/O.Y.V.BHANU NARAYAN RAO , CHARTERED ACCOUNTANT, 10-2-195, OPP: DECCAN CLUB, E AST MARREDPALLY, SECUNDERABAD. 2. INCOME TAX OFFICER, WARD-1, SURYAPET. 3. CIT(APPEALS)-3, HYDERABAD. 4. PR.CIT-3, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.
