Srico Projects Private Limited, Hyderabad V. Addl. Commissioner of Income Tax, Range-3, Hyderabad

ITA 2206/Hyd/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3159 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 07-11-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 22-11-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Reasonable cause; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI MOHAN ALANKAMONY , ACCOUNTANT MEMBER ITA NO. 2206 /HYD./201 8 ASSESSMENT YEAR: 20 13 - 14 M/S SRICO PROJECTS P LTD. VS. ACIT, RANGE 3 H.NO.178/A, MLA COLONY HYDERABAD ROAD NO.12, BANJARA HILLS HYDERABAD 500 034 PAN: AAGCS7019F (APPELLANT) (RESPONDENT) FOR ASSESSE : SH. SAI PRASAD, AR . FOR REVENUE : S MT. MATTA PADMA, D.R. DATE OF HEARING : 07/11/ 19 DATE OF PRONOUNCEMENT : 15 / 11 /19 O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR A.Y. 2013 - 14 AGAINST ORDER OF CIT(A) - 2, HYDERABAD DATED 22.7.2018, AGAINST THE CONFIRMATION OF PENALTY LEVIED BY AO U/S 271(E) OF INCOME TAX ACT, 1961. 2. AT THE OUTSET IT IS NOTICED THAT THERE IS A DELAY OF 48 DAYS IN FILING OF THE APPEAL BEFORE THE TRIBUNAL. THE ASSESSEE HAS FILED AN AFFIDAVIT ALONG WITH AN APPLICATION FOR CONDONATION OF DELAY. HE STATED THAT THE ORDER OF THE CIT(A) - 2, HYDERABAD CONFIRMING THE PENALTY WAS RECEIVED BY ASSESSEE ON 6.8.2018 AND DUE DATE FOR FILING OF THE AP PEAL BEFORE THE TRIBUNAL EXPIRED ON 5.10.18. IT WAS SUBMITTED THAT IMMEDIATELY ON RECEIPT OF APPELLATE ORDER, THE SAME WAS SENT BY THE ASSESSEE TO ITS A.R. BUT SINCE THE COUNSEL FOR ASSESSEE WAS ITA NO.2206/HYD./2018 AY 2013 - 14 SRICO PROJECTS P LTD. HYD. 2 BUSY IN ATTENDING TO HIS AILING WIFE WHO WAS ADMITTED TO ICU IN A HOSPITAL DUE TO ACUTE RENAL FAILURE, AND DUE TO HIS PRE - OCCUPATION IN PERFORMING HOSPITAL DUTIES, THE FILING OF THE APPEAL GOT DELAYED. HE, THEREFORE, PRAYED FOR CONDONATION OF DELAY. 2.1 . AFTER HEARING BOTH T HE PARTIES, WE ARE SATISFIED ABOUT THE REASONABLE CAUSE IN FILING OF THE APPEAL WITH A DELAY . T HE DELAY IS ACCORDINGLY CONDONED . 3. AS REGARDS THE APPEAL IS CONCERNED, WE FIND THAT THE CIT(A) HAS DISMISSED ASSESSEES APPEAL FOR NON - APPEARANCE AND CONFIRM ED THE ASSESSMENT ORDER ONLY BECAUSE THE ASSESSEE DID NOT APPEAR AND FURNISH THE EVIDENCE. SINCE THE CIT(A) HAS NOT DISPOSED OF ASSESSEES APPEAL ON MERITS, AND THE LD.COUNSEL FOR ASSESSEE HAS ALSO PRAYED FOR AN OPPORTUNITY TO FILE RELEVANT EVIDENCE BE FORE THE CIT(A), WE ARE INCLINED TO SET ASIDE THE ORDER OF CIT(A) AND REMAND THE ISSUE TO THE FILE OF CIT(A) FOR ADJUDICATION OF THE ISSUE ON MERITS , AFTER AFFORDING THE ASSESSEE A FAIR OPPORTUNITY OF HEARING. 4 . IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 15 TH NOVEMBER, 2019. SD/ - SD/ - (A. MOHAN ALANKAMONY) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15 TH NOVEMBER, 2019 *GMV ITA NO.2206/HYD./2018 AY 2013 - 14 SRICO PROJECTS P LTD. HYD. 3 COPY TO: - 1) M/S SIRCO PROJECTS P LTD., H.NO. 178/A, MLA COLONY, ROAD NO.12, BANJARA HILLS, HYDERABAD 500 034 . 2) THE ACIT, RANGE 3, HYDERABAD. 3) THE CIT(A) - 2, HYDERABAD THE PR.CIT - 3 , HYDERABAD 5 ) THE DR, ITAT, HYDERABAD 6 ) GUARD FILE ITA NO.2206/HYD./2018 AY 2013 - 14 SRICO PROJECTS P LTD. HYD. 4 1. DRAFT DICTATED ON 07/11/19 2. DRAFT PLACED BEFORE THE AUTHOR 11/11/19 14/11/19 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO SRPS 6. KEPT FOR PRONOUNCEMENT 15/11/19 7. FILE SENT TO BENCH CLERK