NARMADA VENKITEELA, Tirupati V. ITO., Ward-1(1), Tirupati

ITA 43/Hyd/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8585 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 19-02-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 18-01-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अधिकरण, हैदराबाद पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”, HYDERABAD BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT & SHRI LALIET KUMAR, JUDICIAL MEMBER आ.अपी.सं/ITA No. 43/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Narmada Venkiteela, Tirupati [PAN No. ACPPV3515N] Vs. Income Tax Officer, Ward-1(1), Tirupati अपीलधर्थी/Appellant प्रत्‍यर्थी/Respondent निर्धाररती‍द्वधरध/Assessee by: NONE रधजस्‍व‍द्वधरध/Revenue by: Shri N. Raja Kumar, DR स ु िवधई‍की‍तधरीख/Date of hearing: 20/02/2024 घोर्णध की‍तधरीख/Pronouncement on: 22/02/2024 आदेश / ORDER PER LALIET KUMAR, J.M: Aggrieved by the order dated 21/11/2023 passed by the learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Narmada Venkiteela (“the assessee”) for the assessment year 2017-18, assessee preferred this appeal. 2. Brief facts of the case are that the assessee is an individual. For the AY. 2017-18, she filed her return of income on 29-05-2021, declaring total income of Rs. 4,08,000/-, which includes income from house property of Rs. 2,52,000/- and income from other sources of Rs. 1,57,667/-. Assessee ITA No. 43/Hyd/2024 Page 2 of 4 filed Form No. 1 under the Income Declaration Scheme, 2016 (IDS). Assessee declared undisclosed income of Rs. 49,37,974/- pertaining to the AY. 2011-12 in the AY. 2017- 18 relating the FY. 2016-17. The nature of undisclosed income is Long Term Capital Gain of Rs. 40,96,099/- and Short Term Capital Gain of Rs. 8,41,875/-, tax determined is Rs. 14,81,392/-, surcharge is Rs. 3,70,348/- and penalty is Rs. 3,70,348/-, totalling to liability of Rs. 22,22,088/-. Thereafter, Form No. 2 was issued to the assessee, determining the tax therein, surcharge and penalty of Rs. 14,81,392/-, Rs. 3,70,348/- and Rs. 3,70,348/-; respectively. In response to Form No. 2, assessee paid the total tax liability on different dates, but did not submit Form No. 3, so she could not obtain the acknowledgement i.e., Form No. 4, though she paid the tax liability. Accordingly, Assessing Officer finalised the assessment by adding the undisclosed income of Rs. 49,37,974/- for non-submission of Form No. 4 by the assessee. 3. Aggrieved, assessee preferred appeal before the CIT(A). Order of the learned CIT(A) reads that during the appellate proceedings also the assessee was granted several opportunities to file the submissions and documents in support of grounds of appeal, but she failed to avail the same to furnish the documents in support of the grounds of appeal. Learned CIT(A), therefore, found no infirmity in the assessment order and accordingly confirmed the same. 4. Aggrieved, assessee preferred this appeal before the Tribunal, raising various grounds, mainly on confirming the additions made by the Assessing Officer of Rs. 49,37,974/-, on which taxes were fully paid as per IDS. 5. When the matter is called, neither the assessee nor any authorised representative entered appearance. ITA No. 43/Hyd/2024 Page 3 of 4 6. Learned DR submitted that in spite of grant of several opportunities, the assessee failed to avail the same and, therefore, prayed the Bench that the order of the learned CIT(A) may be upheld. 7. We have heard the learned DR and perused the material available on record. It could be seen from the impugned order that in spite of grant of several opportunities, the assessee failed to avail the same. It is also clear from the record that the assessee paid the total tax liability, but due to oversight, Form No. 3 was not submitted and that’s why could not obtain Form No. 4 (Acknowledgement of tax payment). At the time of hearing, though none appeared on behalf of the assessee, as per the grounds raised before us, it is observed that the assessee prays to allow submission of additional supporting documents, which the assessee could not produce before the earlier authorities. In these circumstances, we are of the considered opinion that giving an opportunity to the assessee to produce all the relevant documents before the Assessing Officer for fact verification would meet the ends of justice. Hence, we quash the orders of the authorities below and restore the issue to the file of the Assessing Officer to decide the same, after hearing the assessee. It is also made clear that this is the last opportunity to the assessee and no further opportunity will be given. Grounds are accordingly treated as allowed for statistical purposes. 8. In the result, appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open court on 22 nd day of February, 2024. Sd/- Sd/- (RAMA KANTA PANDA) (LALIET KUMAR) VICE PRESIDENT JUDICIAL MEMBER Hyderabad, Dated: 22/02/2024 TNMM ITA No. 43/Hyd/2024 Page 4 of 4 Copy forwarded to: 1. Narmada Venkiteela, No. 1-5-599-4A, Balaji Colony, Tirupati. 2. The Income Tax Officer, Ward-1(1), Tirupati. 3. Pr.CIT 2. DR, ITAT, Hyderabad. 3. GUARD FILE TRUE COPY ASSISTANT REGISTRAR ITAT, HYDERABAD