Mohammed Omer , Hyderabad V. Income Tax Officer ward -9(2) , Hyderabad

ITA 359/Hyd/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3031 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 07-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ESTHER N HANGHAL
• Keywords: Business income
• Section: 143(3); 250; 69A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 359 /HYD/20 21 (ASSESSMENT YEAR : 20 17 - 18 ) SHRI MOHAMMED OMER, HYDERABAD. PAN AAMPO4260G VS. INCOME TAX OFFICER, WARD 9(2), HYDERABAD. APPELLANT RESPONDENT APPELLANT BY : SHRI MOHD. AFZAL. RESPONDENT BY : SMT. ESTHER N HANGHAL (D.R.) DATE OF HEARING : 04.10. 2021 . DATE OF PRONOUNCEMENT : 20 . 10 .2021. O R D E R THIS ASSESSEES APPEAL FOR THE ASST. YEAR 20 17 - 18 ARISE FROM THE NATIONAL FACELESS APPEAL CENTRE (NFAC), DELHI S ORDER DT. 16.03.2021 PASSED IN CASE NO. ITBA / NFAQC / S / 250 / 2020 - 21 / 1031509000(1) IN VOLVING PROCEEDINGS UNDER SECTION 143(3) OF INCOME TAX ACT, 1961 (THE ACT). HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2 ITA 359 /HYD/20 21 2. I NOTICE AT THE OUTSET THAT ASSESSEE'S INSTANT APPEAL SUFFERS FORM 86 DAYS DEL AY IN FILING. LEARNED COUNSEL SUBMITTED THAT DUE TO THE OUTBREAK OF PANDEMIC COVID 19 UNABLE TO GET THE DOCUMENTS FORM THE DEPARTMENT WHICH CAUSED THE IMPUGNED DELAY IN FILING OF THE INSTANT APPEAL. CASE LAW COLLECTOR LAND ACQUISITION VS. MST. KATIJI & ORS, 1987 AIR 1353 (SC) AND UNIVERSITY OF DELHI VS. UNION OF INDIA, CIVIL APPEAL NO.9488 & 9489/2019 DATED 17 TH DEC., 2019, HOLD THAT SUCH A DELAY; SUPPORTED BY COGENT REASONS, DESERVES TO BE CONDONED SO AS TO MAKE WAY FOR THE CAUSE OF SUBSTANTIAL JUSTICE. I ACCORDINGLY HOLD THAT ASSESSEE'S IMPUGNED DELAY OF 86 DAYS IS NEITHER INTENTION AL NOR DELIBERATE BUT DUE TO THE CIRCUMSTANCES BEYOND HIS CONTROL. THE SAME STANDS CONDONED. CASE IS NOW TAKEN UP FOR ADJUDICATION ON MERITS. 3. COMING TO ASSESSEE'S SOLE SUBSTANTIVE GRIEVANCE CHALLENGING THE CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION MAKING 69A UNEXPLAINED MONEY ADDITION OF RS.26,73,854 DURING DEMONETIZATION PERIOD, LEARNED COUNSELS SOLE SUBSTANTIVE ARGUMENT IS THAT THE SAME PERTAINS TO HIS TR ADIN G RECEIPTS DERIVED FROM TURNOVER IN PURCHASE AND SALE OF POULTRY; BOTH ON WHOLESALE AND RETAIL BASIS. 3 ITA 359 /HYD/20 21 4. LEARNED DEPARTMENT REPRESENTATIVE FAILS TO DISPUTE THAT NEITHER THE ASSESSING OFFICER NOR THE CIT(A) HAVE CONSIDERED THE ASSESSEE'S FOREGOING TRADI NG RECEIPTS / BUSINESS INCOME AND TURNOVER RECONCILIATION VIS - - VIS CASH DEPOSITS IN ISSUE. I, THEREFORE DEEM IT APPROPRIATE TO RESTORE THE INSTANT ASSESSEE'S SOLE SUBSTANTIVE GRIEVANCE BACK TO THE ASSESSING OFFICER FOR HIS AFRESH FACTUAL VERIFICA TION IN ABOVE TERMS. IT IS MADE IT CLEAR THAT THE ASSESSEES ONLY SHALL FILE ALL THE CORRESPONDING DETAILS AT HIS OWN RISK AND RESPONSIBILITY IN CONSEQUENTIAL PROCEEDINGS TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. 5. THIS ASSESSEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 20TH OCT., 2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER * REDDY GP 4 ITA 359 /HYD/20 21 COPY TO : 1. SHRI MOHAMMED OMER, 17 - 1 - 391/2K/93, KHAJA BAGH COLONY, SAIDABAD, HYDERABAD - 500 059 2. INCOME TAX OFFICER, WARD 9(2), HYDERABAD. 3. PR. C I T , HYDERABAD. 4. CIT(APPEALS) - , 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.