Renuka Butta, Hyderabad, Hyderabad V. ACIT, Circle-2(2), Hyderabad, Hyderabad

ITA 373/HYD/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1260 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 12-03-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 02-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K GOPALAKRISHNA
• Keywords: Opportunity of being heard; Principle of natural justice; Deemed dividend
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE V. DURGA RAO , JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER ITA NO. 373/HYD/2017 ASSESSMENT YEAR: 2012 - 13 SMT. RENUKA BUTTA, HYDERABAD. PAN: AEWPB 6839 A VS. ACIT, CIRCLE - 2(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI MOHD. AFZAL REVENUE BY: SRI K. GOPALA KRISHNA, DR DATE OF HEARING: 12/03/2019 DATE OF PRONOUNCEMENT: 15 /03/2019 ORDER PER V. DURGA RAO, J.M.: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A) - 2, HYDERABAD DATED 24/11/2016 FOR THE ASSESSMENT YEAR 2012 - 13. IN THIS APPEAL, ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - 1. THE ORDER OF THE LD CIT (A) IS AGAINST THE LAW, WEIGHT OF EVIDENCE AND PROBABILITIES OF CASE. 2. THE LD CIT(A) ERRED IN CONFIRMING AN ADDITION OF RS. 1,25,48,449/ - AS DEEMED DIVIDEND. 3. THE LD CIT(A) ERRED IN CONFIRMING AN ADDITION OF RS. 30,00,000/ - WHICH IS THE ADDITION MADE U/S 68 O F THE IT ACT, IN SPITE OF PROVING IDENTITY OF THE LOAN CREDITOR, 2 GENUINENESS OF THE TRANSACTION AND CREDITWORTHINESS OF THE CREDITOR. 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE BRIEFLY NARRATED THE FACTS OF THE CASE AND SUBMITTED THAT THE ASSESSEE COULD NOT APPEAR BEFORE THE CIT (A) BECAUSE OF THE CIRCUMSTANCES BEYOND HER CONTROL AND THEREFORE, ONE MORE OPPORTUNITY MAY BE GIVEN TO THE ASSESSSEE TO SUBST ANTIATE HER CASE BEFORE THE CIT(A). 3. ON THE OTHER HAND, LEARNED DEP ARTMENTAL REPRESENTATIVE SUBMITTED THAT THOUGH SUFFICIENT OPPORTUNITIES WERE GIVEN TO THE ASSESSEE, SHE HAS NOT EVEN APPEARED BEFORE THE CIT (A) AND THEREFORE, NO FURTHER OPPORTUNITY IS REQUIRED TO BE GIVEN TO THE ASSESSEE. 4. WE HAVE HEARD BOTH THE PARTIE S AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AFTER HEARING THE LD AR, WE FIND THAT THE ASSESSEE COULD NOT APPEAR BEFORE THE CIT (A) THOUGH SHE HAS BEEN GIVEN SUFFICIENT OPPORTUNITIES BECAUSE OF THE CIRCUMSTANCES BEYOND HER CONTROL AND THEREFORE, IN THE INTEREST OF JUSTICE, IN OUR CONSIDERED OPINION, THE ASSESSEE MAY BE GIVEN ONE MORE OPPORTUNITY FOLLOWING THE PRINCIPLES OF NATURAL JUSTICE. ACCORDINGLY, WE SET - ASIDE THE ORDER OF THE CIT(A) AND DIRECT THE CIT (A) TO ADJUDICATE THE APPEAL AFRESH ON MERITS AFTER AFFORDING A REASONABLE OPPORTUNITY OF BEING HEARD TO T HE ASSESSEE. WE 3 ALSO DIRECT THE ASSESSEE TO APPEAR BEFORE THE CIT(A) ON THE DATE OF HEARING AS FIXED BY THE CIT(A). THUS, THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICA L PURPOSES. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 15 TH MARCH, 2019. SD/ - SD/ - (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 15 TH MARCH , 2019 OKK COPY TO: - 1) MOHD. AFZAL, ADVOCATE, 11 - 5 - 465, SHERSONS RESIDENCY, FLAT NO.402, CRIMINAL COURTJ ROAD, RED HILLS, HYDERABAD - 04. 2) ACIT, CIRCLE 2(2), SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3) THE CIT(A) - 2, HYDERABAD 4) THE PR. CIT - 2, HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE