Shekar Punnam , Bangalore V. Income Tax Officer , Ward-1, Mancherial

ITA 40/Hyd/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8257 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2011-2012
• Appeal Filed On: 08-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A” : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. No. 40/HYD/2020 Assessment Year: 2011-12 Shekar Punnam, Bangalore [PAN: AVQPP7522B] Vs Income Tax Officer, Ward-1, Mancherial (Appellant) (Respondent) For Assessee : Shri Y.V.Bhanu Narayan Rao, AR For Revenue : Shri B.Sunil Kumar, DR Date of Hearing : 25-10-2021 Date of Pronouncement : 17-11-2021 O R D E R PER S.S.GODARA, J.M. : This assessee’s appeal for AY.2011-12 arises from the CIT(A)-12, Hyderabad’s order dated 11-11-2019 passed in case No.10097/2019-20, involving proceedings u/s.143(3) r.w.s.144 of the Income Tax Act, 1961 [in short, ‘the Act’]. Heard both the parties. Case file perused. 2. Coming to the assessee’s twin substantive grounds that both the lower authorities have erred in law and on facts in adding un-explained cash credits and profits relaised from three other concerns involving Rs.49,28,244/- and Rs.13,07,100/-; respectively, we note during the course of hearing that the Assessing Officer has passed his assessment ITA No. 40/Hyd/2020 :- 2 -: order dt.28-03-2014 u/s.144 “best judgment” and before the CIT(A), he chose to file written submissions which have nowhere been adjudicated in light of Section 250(6) of the Act requiring framing of points of determination followed by detailed discussion thereon. 3. Faced with this situation, learned authorized representative undertaken to explain all the corresponding facts and circumstances; if provided yet another innings before the Assessing officer. We therefore restore assessee’s instant twin substantive grounds to the assessing authority for its afresh adjudication subject to the condition that he shall himself file all the relevant explanation; at his own risk and responsibility only, followed by three effective opportunities of hearing. Ordered accordingly. 4. This assessee’s appeal is treated as allowed for statistical purposes in above terms. Order pronounced in the open court on 17 th November, 2021 Sd/- Sd/- ( A. MOHAN ALANKAMONY ) ( S.S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 17-11-2021 TNMM ITA No. 40/Hyd/2020 :- 3 -: Copy to : 1.Shekar Punnam, G-1, MGR Residency Gottigere, G.B.Road, Bangalore. 2.The ITO, Ward-1, Mancherial 3.CIT(Appeals)-12, Hyderabad. 4.Pr.CIT-2, Hyderabad. 5.D.R. ITAT, Hyderabad. 6.Guard File.