Doddipalli Krishna , Mancherial V. Income Tax Officer, Ward-1, Mancherial

ITA 229/Hyd/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0739 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 25-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARAYANA MURTHY NAIK; ASSESSEES BEHEST
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. NO. 229/HYD/2020 ASSESSMENT YEAR: 2015-16 DODDIPALLY KRISHNA, MANCHERIAL [PAN: AHDPD6549D] VS INCOME TAX OFFICER, WARD-1, MANCHERIAL (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE FOR REVENUE : SHRI NARAYANAMURTHY NAIK, DR DATE OF HEARING : 28-01-2021 DATE OF PRONOUNCEMENT : 18-02-2021 O R D E R THIS ASSESSEES APPEAL FOR AY.2015-16 ARISES FROM TH E CIT(A)-12, HYDERABADS ORDER DATED 06-11-2019 PASSED IN APPEAL NO.10084/2019-20, IN PROCEEDINGS U/S. 144 R. W.S. 147 OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2. CASE CALLED TWICE. NONE APPEARED FOR ASSESSEES BEHEST. HE IS ACCORDINGLY PROCEEDED EX-PARTE. 3. THE ASSESSEES ONLY GRIEVANCE RAISED IN THE INSTAN T APPEAL CHALLENGES CORRECTNESS OF UNEXPLAINED DEPOSITS ADDITI ON OF RS.6,50,000/- MADE IN BOTH THE LOWER PROCEEDINGS. I N OTICE DURING THE COURSE OF HEARING THAT THERE IS NO MATERIAL ON RECORD WHICH COULD REBUT CORRECTNESS OF THE IMPUGNED ADDITION IN PRINCIPLE. LEARNED DEPARTMENTAL REPRESENTATIVE, HOW EVER, ITA NO. 229/HYD/2020 :- 2 -: FAILS TO DISPUTE THAT THE ASSESSING OFFICER HAS NEITHER GIVEN ANY CREDIT OF THE CORRESPONDING WITHDRAWALS NOR HAS HE CO NSIDERED THE PEAK OF THE DEPOSITS; IF ANY, AFTER TAKING INTO ACCOU NT THE ASSESSEES BANK STATEMENT(S) IN ISSUE. I THEREFORE DEEM IT APPROPRIATE TO RESTORE THE INSTANT SOL E ISSUE BACK TO THE ASSESSING OFFICER FOR HIS AFRESH AP PROPRIATE ADJUDICATION AS PER LAW WITHIN THREE EFFECTIVE OPPORTUN ITIES OF HEARING. 4. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR S TATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH FEBRUARY, 2021 SD/- ( S.S.GODARA ) JUDICIAL MEMBER HYDERABAD, DATED: 18-02-2021 TNMM ITA NO. 229/HYD/2020 :- 3 -: COPY TO : 1.SHRI DODDIPALLY KRISHNA, Q.NO.3447, NASPUR COLONY , CCC NASPUR, MANCHERIAL. 2.THE INCOME TAX OFFICER, WARD-1, MANCHERIAL. 3.CIT(APPEALS)-12, HYDERABAD. 4.PR.CIT-2, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.