Manoj Suresh Thakkar , Hyderabad V. Income Tax Officer, Ward-10(1), Hyderabad

ITA 50/Hyd/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1898 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 19-06-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 11-01-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Assessee Lawyers: SNEHAL THAKKAR
• Keywords: Unexplained cash credit; Depreciation; Salary income
• Section: 143(3); 40(a)(ia)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 50 /HYD/2019 ASSESSMENT YEAR: 201 2 - 13 MANOJ SURESH THAKKAR, HYDERABAD. PAN: ACAPT 7178 C VS. THE INCOME TAX OFFICER, W ARD - 10(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SR I SNEHAL THAKKAR REVENUE BY: SMT. N. SWAPNA, DR DATE OF HEARING: 1 9 /06/2019 DATE OF PRONOUNCEMENT: 26 /06/2019 ORDER PER A. MOHAN ALANKAMONY, A.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 1, GUNTUR, DATED 15/11/2018 PASSED U /S . 143(3) & 250(6) OF THE ACT FOR THE ASSESSMENT YEAR 2012 - 13. IN THIS APPEAL, THE ASSESSEE HAS RAISED 13 GROUNDS AND THE ISSUES INVOLVED ARE THAT THE LD . CIT (A) HAS ERRED IN UPHOLDING THE ORDER OF THE LD . AO BY HOLDING THAT THE NOTICE ISSUED U/S 143(2) IS VALID AND CONSEQUENT LY ASSESSMENT MADE U/S 143(3) OF THE ACT IS GOOD IN LAW AND FURTHER UPHOLDING THE O RDER OF THE LD . AO WHO HAD MADE THE FOLLOWING ADDITIONS: - (I) ADDITION MADE U/S 40(A)(IA) OF RS. 12 , 57 , 555 / - 2 (II) ADDITION TOWARDS D ISALLOWANCE OF DEPRECIATION OF RS. 1,01,193/ - (III) ADDITION ON ACCOUNT OF UNEXPLAINED CREDIT OF RS. 79 , 94 , 684 / - 2. BRIEFLY FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL ENGAGED IN BUSINESS AS WELL AS EARNING SALARY INCOME FILED HIS RETURN OF INCOME ELECTRONICALLY ON 25/09/2012 ADMITTING INCOME OF RS. 8,30,234/ - . THE CASE WAS SELECTED FOR SCRUTINY AND THEREAFTER THE ASSESSMENT WA S COMPLETED U/S 143(3) OF THE ACT ON 19/02/2015 WHEREIN THE LD . AO MADE SEVERAL ADDITIONS WHICH W AS FURTHER CONFIRMED BY THE LD . CIT (A). 3. AT THE OUTSET, THE LD . AR SUBMITTED BEFORE US THAT THE LD . AO HAS NOT PROVIDED PROPER OPPORTUNITY TO ASSESSEE OF BEING HEARD DUE TO WHICH THE ASSESSEE COULD NOT FINISH THE REQUISITE DOCUMENTS BEFORE THE LD . AO. THE LD . AR FURTHER VEHEMENTLY ARGUED BY STATING THAT THE LD . CIT (A) HAD ALSO NOT GIVEN PROPERTY OPPORT UNITY TO THE ASSESSEE OF BEING HEARD WHO HAS SIMPLY FOLLOWED THE ORDER OF THE LD . AO. THEREFORE , IT WAS PLEADED THAT THE MATTER MAY BE REMITTED BACK TO THE FILE LD . AO FOR FRESH CONSIDERATION. 4. THE LD . DR ON THE OTHER HAND STRONGLY OBJECTED TO THE SUBM ISSION OF THE LD . AR AND ARGUED BY STATING THAT MANY OPPORTUNITIES WERE 3 PROVIDED TO THE ASSESSEE BY THE LD. AO AS WELL AS BY THE LD . CIT (A), HOWEVER THE ASSESSEE HAD NOT CO - OPERATED WITH THE LD . REVENUE AUTHORITIES IN THEIR PROCEEDINGS. I T WAS THEREFORE PLEADED THAT THE ORDERS OF THE LD . REVENUE AUTHORITIES MAY BE CONFIRMED. 5. WE HAVE HEARD THE RIVAL SUBMISSION S AND CAREFULLY PERUSED THE MATERIALS ON RECORD. ON READING THE ORDERS OF THE LD . REVENUE AUTHORITIES WE ARE CONVINCED THAT THE Y HAD PROVIDED AMPLE OPPORTUNITIES TO THE ASSESSEE OF BEING HEARD. HOWEVER, CONSIDERING THE SUBMISSION S OF THE LD . AR AND BY TAKING A LENIENT VIEW , IN THE INTEREST OF JUSTICE , WE HEREBY REMIT THE MATTER BACK TO THE FILE TO THE AO FOR DE NOVO CONSIDERATION. AT THE SAME TIME, WE ALSO HEREBY DIRECT THE ASSESSEE AND HIS COUNSEL TO PROMPTLY COOPERATE BEFORE THE LD . REVENUE AUTHORITIES FAILING WHICH THE LD . REVENUE AUTHORITIES SHALL BE AT LIBERTY TO PASS APPROPRIATE ORDER IN ACCORDANCE WITH MERITS AND LAW BASED ON TH E MATERIALS BEFORE THEM. IT IS ORDERED ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH DAY OF JUNE, 2019. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER 4 HYDERABAD, DATED: 26 TH JUNE , 2019 OKK COPY TO: - 1) MANOJ SURESH THAKKAR, 1 - 55, SY.NO.196, FLAT NO.803, KADARI APURUPA URBAN APARTMENT, KONDAPUR, SERILINGAMPALLY, KV RANGAREDDY, TELANGANA 500084. 2) INCOME TAX OFFICER, WARD - 10(1) , HYDERABAD. 3) THE CIT(A) - 1, GUNTUR. 4) THE PR. CIT - 1, GUNTUR. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE