Goutami Pamula , Hyderabad V. Income Tax Officer, Ward-14(3) , Hyderabad

ITA 209/Hyd/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3267 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 17-02-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NARAYANA MURTHY NAIK
• Section: 143(3); 201; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODA R A, JUDICIAL MEMBER ITA NO. 20 9 /HYD./2020 ASSESSMENT YEAR: 201 7 - 18 MRS. G A UTAMI PAMULA VS. ITO, WARD 1 4 ( 3 ) HYDERABAD HYDERABAD [PAN: BHRPPP9376F ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE FOR REVENUE : SH. NARAYANAMURTHY NAIK, D.R. DATE OF HEARING : 27/01/2021 DATE OF PRONOUNCEMENT : 22 /02/2021 O R D E R TH IS ASSESSEES APPEAL ARISE S AGAINST THE C OMMISSIONER OF INCOME TAX (APPEALS) - 6 [CIT(A)] HYDERABAD S ORDER DATED 25.11.2019 PASSED IN CASE NO. 10 176 /20 19 - 20 / C/ CIT(A) - 6 IN PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT] FOR AY 201 7 - 18 . CASE CALLED TWICE. NONE APPEARED ON BEHALF OF ASSESSEE. HEARD SHRI NARAYANAMURTHY NAIK, DR REPRESENTING THE D EPARTMENT. CASE FILE PERUSED. 2. WITH ABLE ASSISTANCE FROM REVENUES SIDE, IT IS NOTICED THAT ASSESSEES SOLE SUBSTANTIVE GRIEVANCE CHALLENGES THE CORRECTNESS OF BOTH LOWER AUTHORITIES ACTION TREATING CASH DEPOSITS IN BANK ACCOUNT TO THE TUNE OF RS.12,50,000/ - DURING DE - MONETIZATION PERI OD AS UNEXPLAINED. LEAR N ED DEPARTMENTAL REPRESENTATIVE FAILED TO DISPUTE THAT THIS ASSESSEE HAD BEEN ITA NO. 20 9 /HYD/2020 AY 201 7 - 18 MRS. G A UTAMI PAMULA 2 ASSESSED FOR HAVING DERIVED INCOME UNDER FOUR HEADS INCLUDING AGRICULTURAL INCOME IN THE RELEVANT PREVIOUS YEAR AND ALSO THAT SHE HAS NOT BEEN ASSESSED FO R THE FIRST TIME IN THE IMPUGNED A.Y AS WELL. ALL THESE MITIGATING CIRCUMSTANCES SUFFICIENTLY INDICATE THAT THE POSSIBILITY OF ASSESSEE HAVING SOME CASH IN HAND RELATING TO HER INCOME FROM OTHER THAN SPECIFIED FROM AGRICULTURAL ACTIVITIES CANNOT BE ALTOGE THER RULED OUT. I THEREFORE DEEM IT APPROPRIATE TO RESTRICT THE IMPUGNED ADDITION OF RS.12.35 LAKHS TO THE EXTENT OF RS. 9 LAKHS (NINE LAKHS) ONLY WITH A RIDER THAT THE INSTANT ESTIMATION SHALL NOT BE TAKEN AS PRECEDENT IN ANY OTHER CASE OR A.Y.; AS THE CASE MAY BE. TH IS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 22 /02/2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER DATED: 22 ND FEBRUARY, 202 1 GMV COPY OF ORDER FORWARDED TO: 1. MRS. GAUTAMI PAMULA, P J 58, PUNJAGUTTA OFFICERS COLONY, PUNJAGUTTA, HYDERABAD , TELANGANA. 2. ITO, WARD 1 4 ( 3 ) , HYDERABAD 3. ACIT, RANGE 1 4 , HYDERABAD 4. CIT(A) - 6 , HYDERABAD. 5. PR.CIT - 6 , HYDERABAD 6 D.R. ITAT HYDERABAD 7. GUARD FILE