Obula Reddy Sareddy , Kadapa V. Income Tax Officer, Ward-1, Kadapa

ITA 252/Hyd/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1643 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 04-02-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 09-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BALA KRISHNA
• Assessee Lawyers: K A SAI PRASAD
• Section: 142(1); 201; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER IT A NO. 25 2 /H/20 20 ASSESSMENT YEAR: 20 1 3 - 1 4 OBULA REDDY SAREDDY, KADAPA PAN HIJPS 1907 Q VS. INCOME - TAX OFFICER, WARD 1, KADAPA . (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI K.A. SAI PRASAD REVENUE BY: SHRI BALA KRISHNA DATE OF HEARING: 0 4 /0 2 /2021 DATE OF PRONOUNCEMENT: 16 /0 2 /2021 O R D E R T H IS ASSESSEE S APPEAL FOR AY 20 1 3 - 1 4 IS DIRECTED AGAINST THE C I T(A) , KURNOOL S ORDER DATED 16 / 1 2 / 201 9 PASSED IN CASE NO. ITBA/APL/S/250/2019 - 20/ 1022408501(1) , INVOLVING PROCEEDINGS U/S 1 4 4 RWS 142(1) OF THE INCOME TAX ACT , 1961 ; IN SHORT THE ACT. H EARD BOTH THE PARTIES. CASE F ILE PERUSED. 2. LEARNED AR OF ASSESSEE VEHEMENTLY ARGUED DURING THE COURSE OF HEARING THAT BOTH THE LOWER AUTHORITIES HAVE I TA NO. 252 /HYD/ 2020 OBULA REDDY SAREDDY, KADAPA : - 2 - : ERRED IN LAW AND ON FACTS IN ADDING ASSESSEES SHARE OF RS. 1,57,74,000/ - BASED ON THE ALLEGED MATERIAL A/MMR/2 FOUND DURING THE COURSE OF SURVEY IN THE BUSINESS PREMISES OF A THIRD PARTLY NAMELY SRI MEKALA MADHUSUDHANA REDDY & OTHERS DATED 22/01/2014. LEARNED DR FAILS TO DISPUTE THE CLINCHING FACT THAT THERE IS NO DISCUSSION IN THE ASSESSMENT ORDER OR IN CIT(A)S ORDER ABOUT THE SAID DOCUMENT HAVING B EEN TARNISHED TO THIS APPELLANT. I THEREFORE DEEM IT PROPER TO DIRECT THE A SSESSING O FFICER TO MAKE AVAILABLE THE ABOVE IMPOUNDED MATERIAL TO THE ASSESSEE TO BE FOLLOWED HIS EXPLANATION SUPPORTED BY COGENT EVIDENCE AGAINST THE CONTENT THEREOF WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING AT HIS OWN RISK AND RESPONSIBILITY . 3 . THIS ASSESSEES APPEAL ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS . PRONOUNCED IN THE OPEN COURT ON 16 TH FEBRUARY , 2021 SD/ - ( S.S. GODARA ) JUDICIAL MEMBER HYDE RABAD, DATED : 16 TH FEBRUARY , 20 2 1 I TA NO. 252 /HYD/ 2020 OBULA REDDY SAREDDY, KADAPA : - 3 - : K V C OPY TO : 1 SRI SAREDDY OBULREDDY, C/O KATRAPATI & ASSOCIATES, 1 - 1 - 298/2/B/3, 1 ST FLOOR, ASHOK NAGAR, HYDERABAD 500 020 2 ITO, WARD 1, NAGARAJPET, KADAPA - 516001 3 C I T(A) , KURNOOL 4 PR. CIT , TIRUPATI 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.