Thakur Beena Singh, Hyderabad, Hyderabad V. ITO, Ward-4(3), Hyderabad, Hyderabad

ITA 285/HYD/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2359 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 20-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Assessee Lawyers: A V RAGHURAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B, HYDERABAD BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER I.T.A. NO. 285/HYD/2017 ASSESSMENT YEAR: 2008-09 SMT. THAKUR BEENA SINGH, HYDERABAD [PAN: AIGPB7868R] VS THE INCOME TAX OFFICER, WARD-4(3), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A. V. RAGHU RAM, AR FOR REVENUE : SMT. N. SWAPNA, DR DATE OF HEARING : 04-07-2017 DATE OF PRONOUNCEMENT : 04-07-2017 O R D E R PER V. DURGA RAO, J.M. : THIS APPEAL PREFERRED BY ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-5, HYDERABAD DATED 28-12-2016 FOR THE AY. 2008-09. 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD. COUN SEL FOR ASSESSEE SUBMITTED THAT THE LD.CIT(A) PASSED EX-PARTE ORDER. HE PRAYED THAT ONE MORE OPPORTUNITY MAY BE GIVEN TO THE AS SESSEE. 3. ON THE OTHER HAND, LD.DR HAS NOT RAISED ANY SERIOU S OBJECTION. I.T.A. NO. 285/HYD/2017 SMT. THAKUR BEENA SINGH :- 2 - : 4. WE HAVE HEARD BOTH THE SIDES. WE FIND THAT THE CI T(A) HAS PASSED EX-PARTE ORDER. IN OUR OPINION, IN THE INTEREST OF JUSTICE, ON E MORE OPPORTUNITY SHOULD BE GIVEN TO ASSESSEE. ACCORD INGLY, WE SET ASIDE THE ORDER PASSED BY THE LD.CIT(A) AND REMIT THE M ATTER BACK TO THE FILE OF THE AO TO CONSIDER THE ISSUE AFRESH AND PASS ORDERS IN ACCORDANCE WITH LAW, AFTER GIVING AN OPPORTUNITY TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY ASSESSEE IS ALLO WED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH JULY, 2017 UPON CONCLUSION OF HEARING SD/- SD/- (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED 4 TH JULY, 2017 TNMM COPY TO : 1. SMT. THAKUR BEENA SINGH, C/O. K. VASANT KUMAR, A .V. RAGHU RAM, P. VINOD & M. NEELIMA DEVI, ADVOCATES, 6 10, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD. 2. THE INCOME TAX OFFICER, WARD-4(3), HYDERABAD. 3. CIT (APPEALS)-5, HYDERABAD. 4. PR.CIT-1, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.