Narayanpet Abdulla , Adoni V. Income Tax Officer ,Ward -1, Adoni

ITA 42/Hyd/2022

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 4393 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2017-2018
• Appeal Filed On: 23-02-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 68; 250; 69A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad Before Shri Laliet Kumar, Judicial Member AND Shri Laxmi Prasad Sahu, Accountant Member O R D E R Per Laliet Kumar, J.M. This appeal of assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 29.12.2021 for the AY. 2017-18 on the following grounds : “1. The order of the learned CIT(A), National Faceless Appeal Centre (NFAC), Delhi, is errenoues both on facts and in law 2. The learned CIT(A) erred in deciding the appeal without providing opportunity to the appellant. 3. The learned CIT(A) erred in confirming the action of the Assessing Officer in treating the deposits made during the Demonetization period of Rs.30,32,000/- as the income of the appellant assessable u/s 69A of the I.T. Act. 4. The learned CIT(A) erred in confirming the addition of Rs.30,32,000/- made by the Assessing Officer u/s 68 of the I.T. ITA No.42/Hyd/2022 Assessment Year: 2017-18 Narayanpet Abdulla, Adoni – 518301. PAN : AKVPA5343D. Vs. The Income Tax Officer, Ward – 1, Adoni. (Appellant) (Respondent) Assessee by: Mrs. S. Sandhya. Revenue by : Shri T. Sunil Goutam. Date of hearing: 19.04.2022 Date of pronouncement: 19.04.2022 ITA No.42/Hyd/2022 2 Act without considering the fact that the said amount represents the sale price received on sale of eggs during the demonetization period. 5. The learned CIT(A) erred in confirming the addition of Rs.27,08,000/- on the ground that it represents the unexplained expenditure.” 2. At the outset, it was submitted by the ld.AR that the lower authorities have passed ex-parte order during the Covid time and on account of Covid, the assessee was not able to participate in the proceedings before the lower authorities’ proceedings. It was submitted by the ld.AR that the matter may be remitted back to the Assessing Officer for denovo passing of the assessment order. The Ld.AR had drawn our attention to paragraph 4.1 of the impugned order, wherein it was mentioned as under:- “4.1 During the appellate proceedings, various notices under section 250 of the Act were issued through ITBA portal to the appellant by dated 04.02.2020, 23.12.2020 and 08.12.2021. It has been noted from the appeal record that the appellant was given opportunity to present its appeal by way of written submission and supporting documents/ evidences. However the assessee failed to comply with any reply/submission. The appellant has not made any written submission and has only furnished copy of the assessment order, grounds of pale in the statement of facts in form No. 35. In view of the above the appeal is decided on the basis of the fact on material on record.” 3. Per contra, the ld.DR has not raised any objection for remanding the matter back to the file of lower authorities. 4. We have heard the rival contentions of both the parties and perused the material available on record and also the order passed by the lower authorities. As the assessment order as well as the appellate order passed ex parte, therefore, in our view, the ends of justice will be met if the matter may be sent back to the file of Assessing Officer with a direction to decide the issue after ITA No.42/Hyd/2022 3 considering the documents available on record and affording the opportunities of hearing to the assessee in accordance with the law. 5. The assessee shall be at liberty to file documents, if any, as required for proving his case and the Assessing Officer shall consider the evidences, if any, filed by the assessee. Needless to say, the Assessing Officer shall examine those documents / evidence filed by the assessee and also the other documents available on record. After considering the documents filed by the assessee and the submissions made by the assessee, the Assessing Officer shall pass a detailed speaking order dealing with the contentions of the assessee. We have not adjudicated the other grounds on merits as we are setting aside the orders passed by the lower authorities to the file of Assessing Officer for denovo assessment. Needless to say, we have not adjudicated any other ground, all the grounds are required to be adjudicated by the CIT(Appeals) in the remand proceedings. 6. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the Open Court on 19 th April, 2022. Sd/- Sd/- (LAXMI PRASAD SAHU) ACCOUNTANT MEMBER (LALIET KUMAR) JUDICIAL MEMBER Hyderabad, dated 19 th April, 2022. TYNM/sps ITA No.42/Hyd/2022 4 Copy to: S.No Addresses 1 Narayanpet Abdulla, Survey No.906, Prop. KGN Poultry Farm, Near Arekal, Village Yemmiganur Road, Adoni – 518 301. 2 The Income Tax Officer, Ward – 1, Adoni. 3 Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi. 4 DR, ITAT Hyderabad Benches 5 Guard File By Order