Sampath Subramaniam , Hyderabad V. Income Tax Officer, Ward-7(1), Hyderabad

ITA 301/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6032 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 07-03-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N SRIKANTH
• Section: 201; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 301 /HYD./20 19 ASSESSMENT YEAR: 201 4 - 15 SHRI SAMPATH SUBRAMANIAM VS. ITO, WARD 7(1) HYDERABAD HYDERABAD [PAN: AHUPS5553P ] (APPELLANT) (RESPON DENT) FOR ASSESSEE : NONE FOR REVENUE : SHRI N. SRIKANTH, D.R. DATE OF HEARING : 24/03/2021 DATE OF PRONOUNCEMENT : 20 /0 4 /2021 O R D E R THIS ASSESSEES APPEAL FOR A.Y. 201 4 - 15 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] - 9, HYDERABADS ORDER DATED 03.12.2018 PASSED IN CASE NO.1 0174 /201 7 - 18 IN PROCEEDINGS U/S 1 4 4 OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT]. CASE CALLED TWICE. NONE APP EARED ON BEHALF OF ASSESSEE. HEARD SHRI N. SRIKANTH, LEARNED DR ON BEHEST OF REVENUE. CASE FILE PERUSED. IT IS OBSERVED THAT THERE WAS 19 DAYS DELAY IN FILING THE APPEAL AND THE ASSESSEE FILED CONDONATION PETITION DATED 07.03. 201 9 EXPLAINING DETAILED REASONING FOR THE DELAY. THE SAME STANDS CONDONED AS PER ASSESSEES CORRESPONDING AVERMENTS IN CONDONATION PETITION. ITA NO. 301 /HYD/ 2019 AY 201 4 - 15 SRI SAMPATH SUBRAMANIAM, HYD. 2 2. COMING TO ASSESSEES SOLE SUBSTANTIVE GRIEVANCE SEEKING TO REVERSE CIT(A)S FINDINGS RESTRICTING EXPENSES CLAIMED RS. 23,58,630/ - TO THE EXTENT OF RS.5 LAKHS ONLY. IT TRANSPIRES AT THE OUTSET THAT NEITHER PARTY SUBMISSIONS DESERVE TO BE ACCEPTED IN ENTIRETY SINCE THE TAX PA YER HAS FAILED TO EXPLAIN EACH AND EVERY HEAD OF EXPENSES BEFORE CIT(A) AS WELL AS A SSESSING O FFICER WHO HAS NOT CONSIDERED THE TOTALITY OF FACTS AND CIRCUMSTANCES INVOLVED. I THUS CONCLUDE LARGER INTEREST OF JUSTICE WOULD BE MET IF IMPUGNED DISALLOWANCE OF RS.5 LAKHS IS FURTHER RESTRICTED TO RS.2,50,000/ - WITH A RIDER THAT THE SAME SHALL NOT STAND AS A PRECEDENT. TH IS ASSESSEES APPEAL IS P ARTLY ALLOWED . THIS ASSESSEES APPEAL STANDS PARTLY ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 20 /0 4 /2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER DATED: APRIL, 2021 GMV COPY OF ORDER FORWARDED TO: 1. SHRI SAMPATH SUBRAMANIAM, 101, IMPERIAL BUILDING, 12 - 2 - 709/C/20, PADMANABHA NAGAR, MEHDIPATNAM, HYDERABAD, 500 028, TELANGANA. 2. ITO, WARD 7(1), HYDERABAD 3. ACIT, RANGE 7, HYDERABAD 4. CIT(A) - 9 , HYDERABAD. 5. PR.CIT - 3, HYDERABAD 6 D.R. ITAT HYD ERABAD 7. GUARD FILE