Prem Raj Rayepudi, Hyderabad V. The Assistant Commissioner of Income Tax, Circle-1(1), Vijayawada

ITA 24/VIZ/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5816 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 06-04-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 16-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MINI CHANDRAN
• Keywords: Set aside
• Section: 22; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER I.T.A. NO. 24/VIZ/2020 (ASST. YEAR : 2011 - 1 2 ) PREM RAJ RAYEPUDI, FLAT NO.301, MAJONITA PARADISE, PLOT 66, DATTATREYA COLONY, ASIFNAGAR, HYDERABAD. V S. ACIT, CIRCLE - 1 (1) VIJAYAWADA. PAN NO. ANZPR 8948 J (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE . DEPARTMENT BY : SMT. MINI CHANDRAN , SR. DR DATE OF HEARING : 22 / 04 /2021 . DATE OF PRONOUNCEMENT : 29 / 0 4 /2021 . O R D E R PER D.S. SUNDER SINGH , ACCOUNTANT MEMBER THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 23 /1 0 /2019 PASSED BY THE L D.COMMISSIONER OF INCOME TAX (APPEALS) - 2 [FOR SHORT , LD.CIT(A) ] , GUNTUR U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'ACT') FOR THE A.Y. 20 11 - 12 . 2. ALL THE GROUNDS OF APPEAL ARE REL A TED TO THE ADDITION MADE BY THE AO TO THE EXTENT OF RS. 35,54,680/ - RELATING TO INVESTMENT IN 2 ITA NO. 24 / VIZ /2020 ( PREM RAJ RAYEPUDI ) SHARES OF M/S. SRIKARA PARENTARALS PVT. LTD. WHICH WAS SUSTAINED BY THE LD.CIT(A). THE AO COMPLETED THE ASSESSMENT EXPARTE U/SEC. 144 FOR NON - RESPONSE OF THE ASSESSEE FOR THE NOTICES ISSUED BY THE AO. THE LD.CIT(A) CONFIRMED THE ORDER OF THE AO EXPARTE SINCE THERE WAS NO RESPONSE FROM THE ASSESSEE. AGAINST WHICH, THE ASSESSEE FILED THE APPEAL BEFORE THIS TRIBUNAL AND REQUESTED TO REMIT THE MATTER BACK TO THE FILE OF THE AO. 3 . WE HAVE HEARD LD.D R AND THE MATERIAL PLACED ON RECORD. WE DO NOT APPRECIATE THE ATTITUDE OF THE ASSESSEE IN NOT COMPLYING WITH THE NOTICES ISSUED BY THE AUTHORITIES . H OWEVER, SINCE , THE ASSESSEE PLEADED THAT THE NOTICES WERE NOT SERVED TO HIM DUE TO CHANGE IN THE ADDRESS, IN THE INTEREST OF JUSTICE WE ARE INCLINED TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE . THEREFORE, WE SET ASIDE THE ORDER S OF THE LOWER AUTHORITIES AND REMIT THE MATTER BACK TO THE FILE OF THE AO TO RE D O THE ASSESSMENT AFRESH ON MERITS AFTER GIVING PROPER OPPORTUNITY TO THE ASSESSEE. THE ASSESSEE IS ALSO DIRECTED TO COOPERATE WITH THE DEPARTMENT AND COMPLY WITH THE NOTICES WITHOUT FAIL. 4 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON TH IS 2 9 T H DAY OF APRIL , 2021 . S D / - S D / - (N.K. CHOUDHRY) (D.S. SUNDER SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 2 9 T H APRIL , 20 2 1 . 3 ITA NO. 24 / VIZ /2020 ( PREM RAJ RAYEPUDI ) VR/ - COPY TO: 1. THE ASSESSEE - PREM RAJ RAYEPUDI, FLAT NO.301, MAJONITA PARADISE, PLOT 66, DATTATREYA COLONY, ASIFNAGAR, HYDERABAD. 2. THE REVENUE ACIT, CIRCLE - 1(1), VIJAYAWADA. 3. THE PR. CIT , VIJAYAWADA. 4. THE CIT(A) - 2 , GUNTUR. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.