S.V Refineries Private Limited, HYDERABAD V. ITO Range -3, Ward-3(4), HYDERABAD

ITA 223/Hyd/2021

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8053 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2017-2018
• Appeal Filed On: 06-06-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

ITA No.223/Hyd/2021 1 IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad (Through Video Conferencing) Before Shri A. Mohan Alankamony, Accountant Member AND Shri S.S. Godara, Judicial Member ITA No.223/Hyd/2021 Assessment Year: 2017-18 M/s. S.V. Refineries Pvt. Ltd., Plot No.268-4 th Floor, Srikrupa Market, Malakpet, Hyderabad – 500 036, Telangana State. PAN : AAWCS5221J Vs. The Income Tax Officer, Range – 3, Ward 3(4), Hyderabad. (Appellant) (Respondent) Assessee by: Shri K.C. Devdas. Revenue by : Smt. D. Komali Krishna. Date of hearing: 28/10/2021 Date of pronouncement: 22/11/2021 O R D E R Per S. S. Godara, J.M. This assessee’s appeal for A.Y 2017-18 arises from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi’s order dated 28.04.2021 in case No.ITBA/ NFAC/S/250/2021-22/1032707825(1) involving proceedings under section 250 of Income Tax Act, 1961 (in short, “the Act”). Heard both the parties. Case file perused. ITA No.223/Hyd/2021 2 2. It transpires at the outset that the learned CIT(A)’s lower appellate order; passed ex-parte, has affirmed the Assessing Officer’s action making various disallowance / addition in his assessment framed on 30.12.2019. The assessee further appears to have filed his appeal on 29.07.2020 which stands declined in the learned CIT(A)’s order not only on account of non-appearance but also because of the fact that the same was filed beyond the prescribed period of limitation. 3. We notice with the able assistance of both the learned representatives that the intervening period right from framing of assessment on 30.12.2019 to that on the day of passing of the lower appellate order on 28.04.2021, primarily pertains to Covid-19 pandemic spread only. Hon'ble’ apex court’s latest decision in “IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION” Miscellaneous Application No.665/2021 in SMW(C) of 2020 dated 23.09.2021 has the time period between 15.03.2021 to 02.10.2021 shall stand excluded from all prescribed limitation(s) in the corresponding statutes. We therefore deem it appropriate to restore all of the assessee’s substantive grievances on merits back to the learned CIT(A) for his appropriate adjudication on merits as per law within three effective opportunities of hearing. Ordered accordingly. ITA No.223/Hyd/2021 3 4. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the Open Court on 22 nd November, 2021. Sd/- Sd/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER Hyderabad, dated 22 nd November, 2021. TYNM/sps Copy to: S.No Addresses 1 M/s. S.V. Refineries Pvt. Ltd., Plot No.268-4 th Floor, Srikrupa Market, Malakpet, Hyderabad – 500 036, Telangana State. 2 The Income Tax Officer, Range – 3, Ward 3(4), Hyderabad. 3 Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi 4 DR, ITAT Hyderabad Benches. 5 Guard File By Order