Konda Mallesh , Hyderabad V. Income Tax Officers ,Ward -9(1), Hyderabad

ITA 421/Hyd/2021

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8048 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 13-10-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

ITA No.421/Hyd/2021 1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “SMC”, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER ITA No.421/Hyd/2021 Assessment Year: 2017-18 Konda Mallesh, Flat No.105, Plot No.213, Press Colony, Backside Govt. Hospital, Mansoorabad, L.B. Nagar, Hyderabad – 500068. PAN : CNVPK2534D Vs. The Income Tax Officer, Ward 9(1), Hyderabad. (Appellant) (Respondent) Assessee by: None. Revenue by : Shri Ajit Kumar Laskar Date of hearing: 15/11/2021 Date of pronouncement: 22/11/2021 O R D E R Per S. S. Godara, J.M. This assessee’s appeal for A.Y 2017-18 arises from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi’s order dated 21.08.2021 in case No.ITBA/NFAC/S/250/2021-1035013014(1) involving proceedings under section 250 of Income Tax Act, 1961 (in short, “the Act”). ITA No.421/Hyd/2021 2 2. Coming to the assessee’s sole substantive grievance seeking to reverse both the lower authorities’ action estimating 5% profit element on liquor sale resulting in addition of Rs.29,05,173/- in issue, I notice at the outset that this is an instance of “limited scrutiny”, for the purpose of verifying the source of cash deposits made in the taxpayer’s bank account only. That being the case, I find that the learned lower authorities have erred in treating the impugned “limited scrutiny” to a “complete” one whilst making the foregoing impugned addition on altogether a different issue. The same is directed to be deleted for the précised reason alone therefore. 3. This assessee’s appeal is allowed in above terms . Order pronounced in the Open Court on 22 nd November, 2021. Sd/- (S.S.GODARA) JUDICIAL MEMBER Hyderabad, dated 22 nd November, 2021. TYNM/sps ITA No.421/Hyd/2021 3 Copy to: S.No Addresses 1 Konda Mallesh, Flat No.105, Plot No.213, Press Colony, Backside Govt. Hospital, Mansoorabad, L.B. Nagar, Hyderabad – 500068. 2 The Income Tax Officer, Ward 9(1), Hyderabad. 3 Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi 4 DR, ITAT Hyderabad Benches 5 Guard File By Order