Vishan Raj Jain & Wife (HUF) , Hyderabad V. Dy. Commissioner of Income Tax , Circle-6(1), Hyderabad

ITA 429/Hyd/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1654 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 04-08-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BALA KRISHNA
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER IT A NO. 429 /H/20 20 ASSESSMENT YEAR: 20 1 6 - 1 7 VISHAN RAJ JAIN & WIFE (HUF), HYDERABAD PAN AAHHV 8270J VS. DY. COMMISSIONER OF INCOME - TAX, CIRCLE 6(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SHRI BALA KRISHNA DATE OF HEARING: 0 4 /0 2 /2021 DATE OF PRONOUNCEMENT: 16 /0 2 /2021 O R D E R T H IS ASSESSEE S APPEAL FOR AY 20 1 6 - 1 7 IS DIRECTED AGAINST THE C I T(A) - 6, HYDERABAD S ORDER DATED 1 8 / 03 / 20 20 PASSED IN CASE NO. 10014/2018 - 19/C/CIT(A) - 6 , INVOLVING PROCEEDINGS U/S 1 4 3(3) OF THE INCOME TAX ACT , 1961 ; IN SHORT THE ACT. 2. AT THE TIME OF HEARING, N ONE APPEARED AT ASSESSEES BEHEST. I T HEREFOR E PROCEED TO DISPOSE OF THI S APPEAL EX - I TA NO. 429 /HYD/ 2020 VISHAN RAJ JAIN & WIFE (HUF), HYD. : - 2 - : PARTE AFTER HEARING LEARNED DR AS WELL AS GOING THROUGH THE FACTS AVAILABLE ON RECORD. 3 . IT APPEARS AT THE OUTSET WIT H TH E ABLE ASSISTANCE COMING FROM THE REVENUE SIDE THAT THE CIT(A) HAS REFUSED TO CONDONE 126 DAYS DELAY ATTRIBUTABLE TO VARI OUS REASONS I.E. COMPILATION OF NECESSARY RECORDS, COMMUNICATION GAP ETC. IT IS FURTHER NOT IN DISPUTE THAT CIT(A) HAS NOT ADJUDICATED UPON MERITS OF THE SOURCE OF ASSESSEES INCOME DERIVED FROM SALE OF SHARES. I NOTICE FROM A PERUSAL OF CIT(A)S ORDER DAT ED 18/03/2020 THAT ASSESSEE COULD NOT APPEAR FOR THE REASON THAT OF COVID - 19 PANDEMIC OUTBREAK IN THE BEGINNING OF THE YEAR 2020. KEEPING IN MIND ALL THESE FACTS AND CIRCUMSTANCES OF THIS CASE, I QUOTE CASE LAW COLLECTOR LAND ACQUISITION VS MST. KATIJI & ORS, 1987 AIR 1353 (SC) AND UNIVERSITY OF DELHI VS. UNION OF INDIA, CIVIL APPEAL NO. 9488 & 9489/2019 DATED 17 DECEMBER, 2019, HOLD THAT SUCH A DELAY; SUPPORTED BY COGENT REASONS, DESERVES TO BE CONDONED SO AS TO MAKE WAY FOR THE CAUSE OF SUBSTANTIAL JU STICE. IN VIEW OF THE RATIO LAID DOWN IN THE SAID JUDGMENTS, I CONDONE THE SAID DELAY OF 126 DAYS OF FILING OF I TA NO. 429 /HYD/ 2020 VISHAN RAJ JAIN & WIFE (HUF), HYD. : - 3 - : ASSESSEES APPEAL. LEARNED CIT(A) IS DIRECTED TO DECIDE ASSESSEE S APPEAL ON MERITS WITHIN THREE EFFECTIVE OPPORTUNITIES. 4 . THIS ASSESSEES APPEAL ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS . PRONOUNCED IN THE OPEN COURT ON 16 TH FEBRUARY , 2021 SD/ - ( S.S. GODARA ) JUDICIAL MEMBER HYDE RABAD, DATED : 16 TH F EBRUARY , 20 2 1 K V C OPY TO : 1 VISHAN RAJ JAIN & WIFE (HUF), 6 - 3 - 661/K/123, FLAT NO. 104, ADITYA PRIDE, KAPADIA LANE, SOMAJIGUDA , HYDERABAD 500 0 82 2 DC IT, CIRCLE 6(1), HYDERABAD. 3 C I T(A) 6, HYDERABAD. 4 PR. CIT 6, HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.