B. Prabhakar Reddy, Hyd, Hyderabad V. ITO, Ward-4(3), Hyderabad

ITA 243/HYD/2011

• Counselvise Citation: 24322514 RSA 2011
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 15-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURESH BATINI
• Assessee Lawyers: S RAMA RAO
• Section: 144

Judgement Text

1IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO.243/H/2011 ASSESSMENT YEAR 2005-06 SHRI D. PRABHAKAR REDDY, HYDERABAD (PAN ADHPB 1469 J) VS ITO, WARD 4 (3), HYDERABAD APPELLANT RESPONDENT ITA NO.514/H/2011 ASSESSMENT YEAR 2005-06 ITO, WARD 4 (3), HYDERABAD VS SHRI D. PRABHAKAR REDDY, HYDERABAD (PAN ADHPB 1469 J) APPELLANT RESPONDENT APPELLANT BY : SHRI S. RAMA RAO RESPONDENT BY : SHRI SURESH BATINI ORDER PER CHANDRA POOJARI, A.M. THESE TWO ARE CROSS APPEALS PREFERRED BY THE ASSESSEE AS WELL AS THE REVENUE ARE DIRECTED AGAINST THE ORD ER PASSED BY THE CIT(A) V, HYDERABAD DATED 3.1.2011 A ND PERTAINS TO THE ASSESSMENT YEAR 2005-06. 2. THE MAIN GRIEVANCE OF THE ASSESSEE IS WITH REGA RD TO CONFIRMING THE ASSESSMENT ORDER PASSED BY THE ASSES SING OFFICER PASSED U/S 144 OF THE INCOME TAX ACT, 1961 AS THE ASSESSING OFFICER HAS COMPLETED THE ASSESSMENT WITH OUT PROVIDING PROPER OPPORTUNITY OF HEARING WHILE MAKIN G ADDITION AT RS.23,60,029/- IN RESPECT OF UNACCOUNTE D CONTRACT RECEIPTS FROM M/S NAVAYUGA ENGG. COMPANY L TD. AND SUSTAINING ANOTHER AMOUNT OF RS.15,82,173/- OUT OF ITA NOS.243 & 514/HYD/2011 SHRI B. PRABHAKAR, HYD. 2 ADDITION OF RS.39,49,202/-. THE REVENUE IS ALSO IN APPEAL BEFORE US WITH REGARD TO TELESCOPING OF UNEXPLAINED RECEIPTS OF RS.23,60,029/- OUT OF RS.39,49,202/-. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIALS AVAILABLE ON RECORD. THE ASSESSMENT ORDE R WAS PASSED U/S 144 OF THE IT ACT WITHOUT PARTICIPATION OF THE ASSESSEE HEREIN. IN OUR OPINION, IN THE INTEREST O F JUSTICE IT IS FAIR TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSE E TO PUT FORTH HIS CASE AND THEREUPON DECIDE THE CASE IN ACC ORDANCE WITH LAW. ACCORDINGLY, WE SET ASIDE THE ENTIRE AS SESSMENT ORDER TO THE FILE OF ASSESSING OFFICER FOR FRESH CO NSIDERATION TO DECIDE AFRESH AFTER GIVING ADEQUATE OPPORTUNITY OF HEARING TO THE ASSESSEE. AT THIS STAGE, WE REFRAIN FROM GO ING INTO THE MERIT OF OTHER GROUNDS RAISED BY THE ASSESSEE. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE AS WELL AS THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT 11. 8.2011 SD/ - G.C. GUPTA SD/ - CHANDRA POOJARI VICE PRESIDENT ACCOUNTANT M EMBER DATED THE 11 TH AUGUST, 2011 COPY FORWARDED TO: 1. SHRI S. RAMA RAO, ADVOCATE, FLAT NO.102, SHRIYAS ELEGANCE, 3-6-643, ST.NO.9, HIMAYATNAGAR, HYD. 29 C/O SHRI B. PRABHAKAR REDDY, HYDERABAD. 2. THE ITO, WARD 4(3), HYDERABAD 3. THE CIT(A) V, HYDERABAD 4. THE CIT, HYDERABAD 5. THE DR, ITAT, HYDERABAD NP/