Venkateswara Rao Avasarala, Hyderabad V. Dy. Commissioner of Income Tax , Circle-17(1), Hyderabad

ITA 2234/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5264 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 22-03-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 26-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR DIPAK R
• Assessee Lawyers: T CHAITANYA KUMAR
• Keywords: Depreciation
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 2234/HYD/2017 ASSESSMENT YEAR: 2012-13 VENKATESWARA RAO AVASARALA, HYDERABAD [PAN: AAYPA1586F] VS DY.COMMISSIONER OF INCOME TAX, CIRCLE-17(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI T.CHAITANYA KUMAR, AR FOR REVENUE : DR.DIPAK. R. DR DATE OF HEARING : 22-03-2021 DATE OF PRONOUNCEMENT : 03-05-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2012-13 ARISES FROM TH E CIT(A)-7, HYDERABADS ORDER DATED 06-06-2017 PASSED IN APPEAL NO.483/CIT(A)-7/2016-17, IN PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEE HAS RAISED THE FOLLOWING SUBSTANTIVE GROUNDS IN THE INSTANT APPEAL: ITA NO.2234/HYD/2017 :- 2 -: 1)THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) IS ERRONEOUS, ILLEGAL AND HELD CONTRARY TO THE FACTS OF THE INSTA NT CASE. 2)THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) IS ERRED IN NOT ACCEPTING THE PETITION FOR CONDO NATION OF DELAY. 3)THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER AND NOT CONSIDERING THE MERITS OF THE CASE OF THE APPELLANT. 4)THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN M AKING ADDITION AN AMOUNT OF RS 9,55,50,000/- 5)THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN D ISALLOWING DEPRECIATION OF RS 8,80,330/- WITHOUT CONSIDERING T HE APPELLANT SUBMISSIONS. 6)THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN D ISALLOWING INTEREST OF RS 7,73,780/- WITHOUT CONSIDERING THE APPELLANT SUB MISSIONS. 7)THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN D ETERMINING THE TOTAL INCOME AT RS.13,37,39,590/- AS AGAINST RETURN OF IN COME OF RS 3,65,35,980. 8)ANY OTHER GROUNDS/GROUND MAY BE URGED AT THE TIME OF HEARING. 3. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE ASSESSEES ONLY CASE IS THAT HE HAD SUCCESSFULLY FILE D CONFIRMATIONS OF THE CORRESPONDING CREDITORS PERTAINING TO UN- SECURED LOANS IN THE NAME OF 18 COMPANIES FOR THE FI RST TIME BEFORE THE CIT(A) WHICH HAS NOWHERE BEEN CONSIDERED IN THE LOWER APPELLATE ORDER UNDER CHALLENGE. WE FURTHER NO TICE WITH THE ABLE ASSISTANCE OF BOTH THE AUTHORITIES THAT THE CIT(A) HAS DECLINED THE ASSESSEES APPEAL MAINLY ON THE GROUND T HAT HE HAD FAILED TO EXPLAIN 742 DAYS DELAY IN FILING THERE BY. 4. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO REBUT THE CLINCHING FACT THAT THE CIT(A) HAS PRIMA-FACIE GONE BY THE ITA NO.2234/HYD/2017 :- 3 -: QUANTUM OF DELAY THAN THE CORRESPONDING EXPLANATION TENDERED AT THIS TAXPAYERS BEHEST. COUPLED WITH THIS, WE REITERATE THAT THE RELEVANT FACTUAL MATRIX VIZ-A-VIZ THE THR EE ISSUE RAISED HEREIN (SUPRA) HAVE NOWHERE BEEN ADJUD ICATED U/S.250(6) OF THE ACT. WE THEREFORE DEEM IT APPROPRIATE TO RESTORE ALL THE INSTANT ISSUES BACK TO THE CIT(A) FOR HIS AFRESH ADJUDI CATION AS PER LAW. IT IS FURTHER MADE CLEAR THAT THE ASSESSEE OR HIS AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE CIT( A) ON OR BEFORE 30-09-2021 WITH ALL THE RELEVANT CORRESPONDING DETAILED EVIDENCE FOLLOWED BY THE NECESSARY FACTUAL VERIFICATIO N; AT HIS OWN RISK AND RESPONSIBILITY, WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. DELAY OF 04 DAYS IN FILING OF THE INSTANT APPEAL IS AL SO CONDONED SINCE SUPPORTED BY COGENT REASONS AND ON AC COUNT OF NO REBUTTAL THERETO FROM THE DEPARTMENTAL SIDE. 5. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR S TATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD MAY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 03-05-2021 TNMM ITA NO.2234/HYD/2017 :- 4 -: COPY TO : 1.VENKATESWARA RAO AVASARALA, C/O.SHRI T.CHAITANYA KUMAR, ADVOCATE, FLAT NO.102, GOU RI APARTMENTS, URDU LANE, HIMAYATNAGAR, HYDERABAD. 2.THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-17(1), HYDERABAD. 3.CIT(APPEALS)-7, HYDERABAD. 4.PR.CIT-7, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.