MAHENDER KUMAR, Hyderabad V. ITO, Ward 9

ITA 375/Hyd/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3029 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 20-09-2021
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ESTHER N HANGHAL
• Assessee Lawyers: SHILPA MANIYAR
• Section: 143(3); 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. 375 /HYD/20 21 (ASSESSMENT YEAR : 20 17 - 18 ) SHRI MAHENDRA KUMAR, HYDERABAD. PAN AHEPR 1966K ..APPELLANT. VS. INCOME TAX OFFICER, WARD 9(1), HYDERABAD. ..RESPONDENT. APPELLANT BY : S MT. SHILPA MANIYAR. RESPONDENT BY : S MT. ESTHER N HANGHAL (D.R.) DATE OF HEARING : 4.10. 2021. DA TE OF PRONOUNCEMENT : 20 . 10 .2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 20 17 - 18 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS) , NATIONAL FACELESS APPEAL CENTRE, DELHIS ORDER DT. 16.03.2021 PASSED IN CASE NO. ITBA/NFAC/S/250/2020 - 21/1031533593(1) IN PROCEEDINGS UNDER SECTION 143(3) OF INCOME TAX ACT, 1961 (THE ACT). 2 ITA NO. 375/HYD/2021 HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2. COMING TO THE ASSESSEE'S SOLE SUBSTANTIVE GRIEVANCE THAT BOTH THE LOWER AUTHORITIES HAVE ERRED IN LAW AND ON FACTS IN MAKING 69A UNEXPLAINED MONEY ADDITION OF RS.2,50,000 , I T IS NOTICED AT THE OUTSET THAT HIS STAND ADOPTED THROUGHOUT HA D ATTRIBUTED TO / SOURCE THEREOF TO CASH IN HAND GETTING ACCUMULATED AL L ALONG AND DEPOSITED DURING THE DEMONETIZATION PERIOD TO THE TUNE OF RS.5 LAKHS. 3. LEARNED DEPARTMENT REPRESENTATIVE VEHEMENTLY CONTENDED THAT BOTH THE LOWER AUTHORITIES HAVE ALREADY GRANTED THE ASSESSEE PART RELIEF TO THE TUNE OF RS.2.5 LAKHS THEREB Y ADDING THE BALANCE AMOUNT IN ISSUE. THE FACT ALSO REMAINS THAT THE IMPUGNED CASH HAVING ACCUMULATED IN ASSESSEE'S HANDS THROUGHOUT TO THIS EFFECT CANNOT BE PER SE RULED OUT. IT IS FURTHER NOT AN ISSUE THAT HE HAS ALTHOUGH CLAIMS TO HAVE BEEN FILING RE TURNS IN PRECEDING ASSESSMENT YEARS ON RE GULAR BASIS, NO SUCH EVIDENCE HAS BEEN PLACED ON RECORD WITH ALL THE CORRESPONDING DETAILS. 3 ITA NO. 375/HYD/2021 4. FACED WITH THIS SITUATION, I DEEM IT APPROPRIATE TO RESTRICT THE IMPUGNED ADDITION TO THE EXTENT OF ONE LAKH ONLY WITH A RIDER THAT THE SAME SHALL NOT BE TREATED AS A PRECEDENT. NECESSARY COMPUTATION SHALL FOLLOW. 5. THIS ASSESSEE'S APPEAL IS PARTLY ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 20TH OCT . , 2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER HYDERABAD, DT. 20 . 10 .2021. * REDDY GP COPY TO : 1. SHRI MAAHENDER KUMAR, NO.16 - 11 - 477/6/1/D, DILSUKHNAGAR, HYDERABAD - 500 036 2. ITO, WARD 9(1), HYDERABAD. 3. 4. NFAC, DELHI / 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.