Praveen Kumar Chanda , Warangal V. Income Tax Officer, Ward-2, Warangal

ITA 464/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2766 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 16-06-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 01-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBRAMANYAM TOTADR
• Assessee Lawyers: S RAMA RAO
• Keywords: Condonation of delay
• Section: 143(3)

Judgement Text

ITA NO 464 OF 2019 PRAVEEN KUMAR CHANDA WARANGAL PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.464/HYD/2019 ASSESSMENT YEAR: 2014-15 SHRI PRAVEEN KUMAR CHANDA, WARANGAL PAN:ATYPC3248F VS. INCOME TAX OFFICER WARD 2 WARANGAL (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI S. RAMA RAO REVENUE BY : SRI SUBRAMANYAM TOTA,DR DATE OF HEARING: 16/06/2021 DATE OF PRONOUNCEMENT: 23/06/2021 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2014-15 AGAIN ST THE ORDER OF THE CIT (A)-3, HYDERABAD, DATED 23.01. 2019. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IN DIVIDUAL RUNNING A BUSINESS OF WINE SHOP UNDER THE NAME JAI TELANGANA WINES FILED HIS RETURN OF INCOME FOR THE A.Y 2014- 15 ELECTRONICALLY DECLARING INCOME OF RS.8,99,580/- ON 18.9.2014. DURING THE ASSESSMENT PROCEEDINGS U/S 143(3) OF THE ACT, THE ASSESSING OFFICER ASKED THE ASSESSEE TO SUBMIT THE BOOKS OF ACCOUNT AND BILLS AND INVOICES IN SUPPORT OF THE SA LES RECORDED AND THE VOUCHERS FOR THE EXPENDITURE. THE ASSESSEE SUBMITTED THAT IN THE LINE OF WINES BUSINESS, IT IS NOT POSSI BLE TO MAINTAIN SALE BILLS. HE FURTHER REQUESTED THAT THE PROFIT IN THE BUSINESS ITA NO 464 OF 2019 PRAVEEN KUMAR CHANDA WARANGAL PAGE 2 OF 3 SHOULD BE ESTIMATED AT 5% OF THE STOCK PUT TO SALE ON THE BASIS OF DECISIONS OF THIS TRIBUNAL. THE ASSESSING OFFICER H ELD THAT IN THE ABSENCE OF SALE BILLS, THE GENUINENESS OF THE SALE RECORD COULD NOT BE ESTABLISHED AND THEREFORE, HE COMPLETED THE ASSE SSMENT BY ESTIMATING THE INCOME FROM SALE OF LIQUOR AT 5% OF THE PURCHASES AND BROUGHT IT TO TAX. THE ASSESSEE FILED AN APPEAL BEFORE THE CIT (A) SEEKING ESTIMATION OF PROFIT AT 3% OF THE STOCK PUT TO SALE DURING THE YEAR. HOWEVER, SINCE THE ASSESSEE DID NO T APPEAR BEFORE THE CIT (A), THE CIT (A) DISMISSED THE APPEA L EX-PARTE THE ASSESSEE. HE ALSO FOUND THAT THERE WAS A DELAY OF 2 9 MONTHS IN FILING OF THE APPEAL. THE CIT (A) REFUSED TO CONDON E THE DELAY ALSO. AGGRIEVED, THE ASSESSEE IS IN SECOND APPEAL BEFORE THE TRIBUNAL BY RAISING THE FOLLOWING GROUNDS OF APPEAL: 1) THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) IS ERRONEOUS BOTH ON FACTS AND IN LAW . 2) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) OUGHT TO HAVE PROVIDED PROPER OPPORTUNITY BEFORE DISMISSING THE APPEAL. 3) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN NOT CONDONING THE DELAY IN FILING THE APPE AL 4) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) OUGHT TO HAVE PROVIDED AN OPPORTUNITY AND CONDONED THE DELAY IN FILING THE APPEAL ELECTRONICALLY. 5) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) OUGHT TO HAVE CONSIDERED THE APPEAL ON MERITS INSTE AD OF DECIDING THE APPEAL IN LIMINI. 6) ANY OTHER GROUND OR GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING 2. SINCE WE FIND THAT THE CIT (A) HAS DISMISSED THE ASSESSEES APPEAL EX-PARTE THE ASSESSEE, WE DEEM IT FIT AND PROPER TO REMAND THE ISSUES TO THE FILE OF THE CIT (A) FOR RE-ADJUDICATION OF THE ISSUES OF CONDONATION OF DELAY AND ALSO MERITS OF THE CASE ITA NO 464 OF 2019 PRAVEEN KUMAR CHANDA WARANGAL PAGE 3 OF 3 AFTER GIVING THE ASSESSEE A FAIR OPPORTUNITY OF HEA RING. ASSESSEES APPEAL IS ACCORDINGLY TREATED AS ALLOWED FOR STATIS TICAL PURPOSES. 3. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD JUNE, 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 23 RD JUNE, 2021. VINODAN/SPS COPY TO: S. NO ADDRESS ES 1 SRI PRAVEEN KUMAR CHANDA, 5-45 KAMARAM VILLAGE, S .S.TADIVAI MANDAL, MULUGU DISTT. 506344 2 INCOME TAX OFFICER WARD - 2 NE AR RAILWAY S T ATION, WARANGAL 3 CIT (A) - 3, HYDERABAD 4 PR. CIT -3, HYDERABAD 5 DR, ITAT HYDERABAD BENCHES 6 GUARD FILE BY ORDER