Amrutapalli Koteswara Rao, Kothagudem V. Addl.Commissioner of Income Tax, Khammam Range, Khammam

ITA 2123/Hyd/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4913 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 21-01-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 13-12-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AMISHA S GUPT
• Assessee Lawyers: A KIRAN MANOHAR
• Section: 271D

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A - SMC , HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 2123/HYD/2017 ASSESSMENT YEAR: 2011 - 12 AMRUTAPALLI KOTESWARA RAO, KOTHAGUDEM 507101. PAN: AAWPA 6319 G VS. ADDL. CIT, KHAMMAM RANGE, KHAMMAM. (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI A. KIRAN MANOHAR REVENUE BY: SRI AMISHA S. GUPT, DR DATE OF HEARING: 2 1 / 0 1/20 20 DATE OF PRONOUNCEMENT: 20 /0 2 /2020 ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 7, HYDERABAD IN APPAL NO.127/CIT(A) - 7/2015 - 16, DATED 01/09/2017 PASSED U/S. 271D R.W.S 250(6) OF THE ACT FOR THE A.Y. 2011 - 12 OF THE ACT. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS IN HIS APPEAL: 1. THE ORDER OF THE LD. CIT(A) IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2. THE LD. CIT(A) ERRED IN CONFIRMING THE ACTION OF THE ADDL. CIT IN LEVYING PENALTY U/S. 271D OF THE ACT OF RS. 6,10,000/ - . 3. THE LD. CIT(A) OUGHT TO HAVE ACCEPTED THE EXPLANATIONS SUBMITTED AND HELD THAT PENALTY IS NOT LEVIABLE. 4. ANY OTHER GROUND THAT MAY BE URGED AT THE TIME OF HEARING. 2 3. AT THE OUTSET, THE LD. AR SUBMITTED BEFORE US THAT ONE MORE OPPORTUNITY MAY BE PROVIDED TO THE ASSES SEE IN ORDER TO SUBMIT THE REASONS FOR ACCEPTING LOAN BY WAY OF CASH WHICH MAY RESULT IN DELETION OF THE PENALTY LEVIED U/S. 269SS AND 271D OF THE ACT. IT WAS THEREFORE PLEADED THAT THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE LD. AO FOR FRESH CONSI DERATION. THE LD. DR STRONGLY OBJECTED TO THE SUBMISSIONS OF THE LD. AR. 3. I HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY PERUSED THE MATERIALS ON RECORD. THOUGH WE DO NOT FIND MUCH MERIT IN THE SUBMISSION OF THE LD. AR AS HE HAS NOT FURNISHED ANY CONVINCING REASON S BEFORE US AS TO WHY THE PROVISIONS OF SECTION 271D OF THE ACT WOULD NOT BE ATTRACTED, CONSIDERING THE PLIGHT OF THE ASSESSEE AND THE PENAL NATURE OF THE DEMAND, IN THE INTEREST OF JUSTICE, I HEREBY REMIT THE MATTER BACK TO THE FILE OF LD. AO FOR FRESH CONSIDERATION. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . PRONOUNCED IN THE OPEN COURT ON 20 TH FEBRUARY, 2020. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 20 TH FEBR UARY, 2020. 3 OKK COPY TO: - 1) AMRUTAPALLI KOTESWARA RAO, S/O. SRI GOPALA RAO, POP. MADHU AGENCIES, D.NO.6 - 1 - 67, MG ROAD, KOTHAGUDEM DIST 507 101. 2) ADDITIONAL COMMISSIONER OF INCOME TAX, KHAMMAM RANGE, KHAMMAM, BHADRADRI KOTHAGUDEM DIST 507 101. 3) THE CIT(A) - 7, HYDERABAD 4) THE PR. CIT - 7, HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE