The Arogya Lakshmi Health Care Private Limited, Visakhapatnam V. The income Tax Officer, Ward-1(5), Visakhapatnam

ITA 454/VIZ/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9470 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 07-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN
• Assessee Lawyers: R L N SOMAYAJULU
• Keywords: Additional evidence; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM SMC BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER ITA NO. 454 / VIZ /201 8 (ASST. YEAR : 20 14 - 15 ) M/S. THE AROGYA LAKSHMI HEALTHCARE PRIVATE LTD., D.NO. 49 - 46 - 24, NGGOS COLONY, AKKAYYAPALEM, VISAKHAPATNAM. V S . IT O , WARD - 1( 5 ), VISAKHAPATNAM. PAN NO. AAMCA 1716 C (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI R.L.N. SOMAYAJULU, CA . DEPARTMENT BY : SMT. U.MINI CHANDRAN, SR. DR DATE OF HEARING : 18 / 12 /201 9 . DATE OF PRONOUNCEMENT : 08 / 0 1 /20 20 . O R D E R TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 10 , HYDERABAD , DATED 19 /0 6 /201 8 FOR THE ASSESSMENT YEAR 2014 - 15 . 2. THE ONLY ISSUE INVOLVED IN THIS APPEAL RELATES TO ADDITION OF RS. 8,59,000/ - . THE ASSESSEE HAS BORROWED CERTAIN AMOUNTS FROM FIVE PERSONS AMOUNTING TO RS. 8,59,000/ - . AS NO CONFIRMATION LETTERS HAVE BEEN FILED NEITHER BEFORE THE ASSESSING OFFICER NOR BEFORE THE LD. CIT(A), ADDITION IS MADE. BEFORE US, LD.AR HAS FILED 2 ITA NO. 454/VIZ/2018 ( M/S. THE AROGYA LAKSHMI HEALTHCARE PVT. LTD. ) CONFIRMATION LETTERS AND ALSO THE DETAILS ABOUT THE CREDITW O R T HINESS OF THE CREDITORS AND SUBMITTED THAT CREDITORS ARE SHAREHOLDERS OF THE COMPANY . THERE IS A DISPUTE BETWEEN THE SHAREHOLDERS, THEREFORE ASSESSEE - COMPANY HAS NOT FILED THE CONFIRMATIONS BEFORE THE LOWER AUTHORITIES AND SUBMITTED THAT ADDITIONAL EVIDENCE MAY BE ADMITTED AND ISSUE MAY BE REMITTED BACK TO THE ASSESSING OFFICER. 3 . ON THE OTHER HAND, LD.DR STRONGLY SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 4 . WE HAVE HEARD BOTH THE PARTIES, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH ORDERS OF THE AUTHORITIES BELOW. 5. WE FIND THAT THE ASSESSEE WAS NOT ABLE TO FILE THE CONFIRMATION LETTERS DUE TO THE REASONS MENTIONED ABOVE. WE FIND THAT IT IS A FIT CASE TO ADMIT THE ADDITIONAL EVIDENCE, ACCORDINGLY ADDITIONAL EVIDENCE FILED BY THE ASSESSEE IS ADMITTED IN THE FORM OF PAPER BOOK PAGE NOS.1 TO 17 . IN VIEW OF THE ABOVE, THE ORDER PASSED BY THE LD. CIT(A) IS SET ASIDE AND THE ASSESSING OFFICER IS DIRECTED TO ADJUDICATE THE ISSUE DENOVO IN ACCORDANCE WITH LAW AFTER GIVING REASONABLE OPPORTUNITY TO TH E ASSESSEE. 3 ITA NO. 454/VIZ/2018 ( M/S. THE AROGYA LAKSHMI HEALTHCARE PVT. LTD. ) 6 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 8 T H DAY OF JAN. , 20 20 . S D / - ( V. DURGA RAO ) JUDICIAL MEMBER DATED : 0 8 T H JANUARY , 20 20 . VR/ - COPY TO: 1. THE ASSESSEE M/S. THE AROGYA LAKSHMI HEALTHCARE PRIVATE LTD., D.NO. 49 - 46 - 24, NGGOS COLONY, AKKAYYAPALEM, VISAKHAPATNAM. 2. THE REVENUE ITO, WARD - 1(5), VISAKHAPATNAM. 3. THE PR. CIT - 1, VISAKHAPATNAM. 4. THE CIT(A) - 10, HYDERABAD. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.