Sri A Srinivasa Rao, Vizianagaram V. THE ITO, Vizianagaram

ITA 352/VIZ/2015

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9926 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 22-08-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 08-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S RAVI SANKAR NARAYAN
• Keywords: Unexplained investment

Judgement Text

ITA NO.352/VIZAG/2015 SRI A. SRINIVASA RAO, VIZIANAGARAM 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM SMC BENCH, VISAKHAPATNAM . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER ./I.T.A.NO.352/VIZAG/2015 ( / ASSESSMENT YEAR: 2011-12) SRI A. SRINIVASA RAO, VIZIANAGARAM VS. ITO, WARD - 1, VIZIANAGARAM [PAN: AOXPA 6721R ] ( / APPELLANT) ( ! / RESPONDENT) / APPELLANT BY : SHRI G.V.N. HARI, AR / RESPONDENT BY : SHRI S. RAVI SANKAR NARAYAN, DR / DATE OF HEARING : 22.08.2016 / DATE OF PRONOUNCEMENT : 29.08.2016 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF CIT(A)-1, VISAKHAPATNAM DATED 12.6.2015 FOR THE ASS ESSMENT YEAR 2011-12. 2. FACTS ARE IN BRIEF THAT THE ASSESSEE IS IN THE B USINESS OF INDIAN MADE FOREIGN LIQUOR (IMFL). HE HAS FILED A RETURN OF INCOME BY DECLARING TOTAL INCOME OF ` 2,81,052/-. DURING THE COURSE OF ASSESSMENT ITA NO.352/VIZAG/2015 SRI A. SRINIVASA RAO, VIZIANAGARAM 2 PROCEEDINGS, THE A.O. HAS ASKED THE EXPLANATION OF THE ASSESSEE IN RESPECT OF UNEXPLAINED INVESTMENT OF ` 25,50,650/-. THE A.O. HAS ASKED THE ASSESSEE TO PRODUCE RELEVANT EVIDENCE TO SUPPOR T THE CLAIM. HOWEVER, THE ASSESSEE IS NOT ABLE TO PRODUCE THE RE LEVANT EVIDENCE TO SUPPORT HIS CLAIM. ACCORDINGLY, THE A.O. HAS ADDED AN AMOUNT OF ` 25,50,650/- AS UNEXPLAINED INVESTMENT AND ACCORDING LY ADDITION WAS MADE. 3. ASSESSEE CARRIED MATTER IN APPEAL BEFORE THE CIT (A). THE LD. CIT(A) CONFIRMED THE ORDER OF THE A.O. ON THE GROUN D THAT ASSESSEE IS NOT ABLE TO SUBSTANTIATE HIS CASE BEFORE HIM. 4. ON BEING AGGRIEVED, ASSESSEE CARRIED MATTER IN A PPEAL BEFORE THE TRIBUNAL. 5. THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED T HAT THE LD. CIT(A) PASSED AN EX-PARTE ORDER AND SUBMITTED THAT THE ASSESSEE IS NOT ABLE TO APPEAR BEFORE THE CIT(A) DUE TO SERIOUS ILL HEALTH AND FURTHER SUBMITTED THAT ONE MORE OPPORTUNITY MAY BE GIVEN TO THE ASSESSEE TO SUBSTANTIATE HIS CASE. 6. ON THE OTHER HAND, LD. D.R. HAS SUPPORTED THE OR DER PASSED BY THE AUTHORITIES BELOW. ITA NO.352/VIZAG/2015 SRI A. SRINIVASA RAO, VIZIANAGARAM 3 7. I HAVE HEARD BOTH THE PARTIES, PERUSED THE MATER IALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. IN THIS CASE, THE ASSESSEE HAS NOT FILED A SUFFICIENT EVIDE NCE TO SUBSTANTIATE HIS CASE. BEFORE LD. CIT(A), THE ASSESSEE COULD NOT AP PEAR DUE TO ILL HEALTH AND THEREFORE, THE LD. CIT(A) PASSED AN EX-PARTE OR DER. I AM OF THE OPINION THAT IN THE INTEREST OF JUSTICE, BY FOLLOWI NG THE CORDIAL PRINCIPLE OF AUDI ALTERAM PARTEM ONE MORE OPPORTUNITY SHOULD BE GIVEN TO THE ASSESSEE. ACCORDINGLY, I SET ASIDE THE ORDER PASSE D BY THE LD. CIT(A) AND DIRECT THE ASSESSEE TO FILE NECESSARY DETAILS B EFORE THE LD. CIT(A) TO SUBSTANTIATE HIS CASE. THE LD. CIT(A) AFTER CONSID ERING THE DETAILS FILED BY THE ASSESSEE, DIRECTED TO PASS AN ORDER DE-NOVO IN ACCORDANCE WITH LAW. 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 29 TH AUG16. SD/- ( . ) (V. DURGA RAO) /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 29.08.2016 VG/SPS ITA NO.352/VIZAG/2015 SRI A. SRINIVASA RAO, VIZIANAGARAM 4 '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT SRI A. SRINIVASA RAO, PROP: SRI GANESH WINES, KANTUBHUKTA STREET, VIZIANAGARAM 2. / THE RESPONDENT THE ITO, WARD-1, VIZIANAGARAM 3. ) / THE CIT-1, VISAKHAPATNAM 4. ) ( ) / THE CIT(A), VISAKHAPATNAM 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM