B. Hanumanth Rao, Hyderabad, Hyderabad V. ITO, Ward-8(1), Hyderabad, Hyderabad

ITA 369/HYD/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7043 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 21-10-2019
• Assessment Year: 2007-2008
• Appeal Filed On: 01-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Keywords: Sale consideration of property below Jantri Value; Principle of natural justice; Set aside
• Section: 143(3); 50C; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B - SMC , HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 369 /HYD/20 17 ASSESSMENT YEAR: 20 07 - 08 B. HANUMANTH RAO, HYDERABAD. PAN: AKTPR 6319 J VS. INCOME TAX OFFICER, WARD - 8(1), RANGE - 8 HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SRI NILANJAN DEY - DR DATE OF HEARING: 21/10/2019 DATE OF PRONOUNCEMENT: 21/10/2019 ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 2, HYDERABAD IN APPEAL NO. 0160/2015 - 16, DATED 17/11/2016 PASSED U/S. 143(3) R.W.S 147 & U/S. 250(6) OF THE ACT FOR THE A.Y. 2007 - 08. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS IN HIS APPEAL: - (1) THE PROCEEDINGS OF THE AUTHORITIES BELOW ARE ARBITRARY, CONTRARY TO LAW, AGAINST WEIGHT OF EVIDENCE AND PROBABILITIES OF THE CASE AND ALSO THE SAME IS IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. (2) THE LD. CIT(A) ERRED IN DISMISSING THE APPEAL EX - PARTE. (3) THE LD. CIT(A) ERRED IN DISMISSING THE APPEAL WITHOUT CONSIDERING ALL THE CONTENTIONS OF THE APPELLANT. (4) THE LD. CIT(A) ERRED IN CONFIRMING THE ORDERS OF THE A.O. IN RESPECT OF THE ADDITION OF RS. 3,52,075/ - WITHOUT CONSIDERING THE EXPLANATION OF THE APPELLANT. 2 (5) THE AUTHORITIES BELOW OUGHT NOT TO HAVE ADDED SHORT TERM CAPITAL GAIN OF RS. 7,07,425/ - WITHOUT CONSIDERING THE EXPLANATION OF THE APPELLANT. (6) THE A.O. ERRED IN APPLYI NG THE PROVISIONS OF SECTION 50C OF THE ACT IN MAKING AN ADDITION OF RS. 7,07,425/ - . (7) THE LD. CIT(A) ERRED IN DISMISSING THE APPEAL MERELY EXTRACTING THE GROUNDS OF APPEAL AND THE AVERMENTS OF THE A.O., WITHOUT ASSIGNING ANY GOOD AND SUFFICIENT REASONS. THE APPELLANT RELIES ON THE DECISION OF HONBLE APEX COURT REPORTED IN 16 VST PAGE NO.181. (8) THE LD. CIT(A) ERRED IN HOLDING THAT DESPITE SUFFICIENT OPPORTUNITIES PROVIDED, NEITHER THE ASSESSEE NOR AUTHORISED REPRESENTATIVE FURNISHED ANY EVIDENCE DURIN G APPELLATE PROCEEDINGS ALSO REBUTTING THE CONCLUSIONS DRAWN BY THE A.O. (9) IT IS SETTLED LAW THAT NO TAX SHALL BE LEVIED OR COLLECTED EXCEPT BY AUTHORITY OF LAW AS PER ARTICLE 265 OF THE CONSTITUTION OF INDIA. (10) THE APPELLANT RESERVES ITS RIGHT TO RAI SE ADDITIONAL GROUNDS, IF ANY, AT THE TIME OF HEARING OF APPEAL. (11) FOR THE GROUNDS MENTIONED ABOVE, IT IS PRAYED THAT THE HONBLE TRIBUNAL MAY BE PLEASED TO SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW AND ALLOW THE APPEAL. 2. AT THE OUTSET, IT IS OBSERVED FROM THE RECORD THAT THE ASSESSEE HAS NOT CURED THE DEFECT POINTED OUT BY THE REGISTRY AND THERE IS NO REPRESENTATION ON BEHALF OF THE ASSESSEE IN MOST OF THE OCCASIONS. MOREOVER, ON THE EARLIER OCCASION DATED 21/08/2019 NONE APPEARED BEFORE THE BENCH TO REPRESENT THE ASSESSEES CASE AND SHRI A.V. RAGHU RAM, ADVOCATE UNDERTOOK TO INFORM THE NEXT DATE OF HEARING TO THE LD AR OF THE ASSESSEE AND THEREFORE, THE CASE WAS ADJOURNED TO 21/10/2019 . H OWEVER, ON THE DATE OF THE HEARING ON 21/10/2019 ALSO NONE APPEARED BEFORE THE BENCH AND THE DEFECT POINTED OUT BY THE REGISTRY WAS NOT CURED. THEREFORE, I HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMI SSED. 3 PRONOUNCED IN THE OPEN COURT ON 21 ST OCTOBER, 2019. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 21 ST OCTOBER , 2019 OKK COPY TO: - 1) M/S. SHAIK JEELANI BASHA , P. VASUDEVA REDDY, SHAIK ALTAF, M. SUPRABHAT REDDY AND S.V. SUSHMA, ADVOCATES, H.NO.6 - 3 - 609/79, ANANDNAGAR COLONY, KHAIRTABAD, HYDERABAD - 04. 2) INCOME TAX OFFICER, WARD - 8(1), HYDERABAD. 3) THE CIT(A) - 2 , HYDERABAD 4) THE PR. CIT - 2 , HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE