Sri Srinivasa and Company , Hyderabad V. Dy. Commissioner of Income Tax , Circle-9(1), Hyderabad

ITA 513/Hyd/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7984 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2011-2012
• Appeal Filed On: 20-09-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARITHA
• Section: 144; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”: HYDERABAD (THROUGH VIRTUAL CONFERENCE) B EFORE SH RI SA TBEER SING H GODA RA, JU DI CIA L MEM BER AND SHR I L AXMI PR AS A D SAHU , AC COUNT ANT MEMBE R ITA No. 513/H/2020 Assessment Year: 2011-12 Sri Srinivasa and Company, Hyderabad. PAN – AANFS 7941P Vs. Dy. Commissioner of Income-tax, Circle – 9(1), Hyderabad. (Appellant) (Respondent) Assessee by: Shri Mohd. Afzal Revenue by: Smt. Haritha Date of hearing: 22/11/2021 Date of pronouncement: 23/11/2021 O R D E R PER L.P. SAHU, A.M.: This appeal filed by the assessee is directed against CIT(A) – 7, Hyderabad’s order dated 28/02/2020 for AY 2007-08 involving proceedings u/s 144 r.w.s. 147 of the Income Tax Act, 1961; in short “the Act. 2. In the grounds of appeal, the primary grievance of the assessee is that the ld. CIT(A) ought to have appreciated that the assessee paid self assessment tax before 28/02/2020, which is the date of order u/s 250 of the IT ITA No. 513/Hyd/2020 Sri Srinivasa and Company, Hyd. :- 2 -: Act, therefore, the ld. CIT(A) erred in not admitting the appeal without considering the explanation of the assessee for delayed payment for self-assessment tax. 3. Briefly the facts of the case are that the in the assessment order, the AO has made additions towards unexplained income on fixed assets of Rs. 28,00,000/- and of Rs. 60,71,650/- towards difference of business income and estimated income. 4. When the assessee preferred an appeal before the CIT(A), the CIT(A) not admitted the appeal of the assessee by holding that since appellant has not paid the tax admitted on the income returned, the appeal filed by the appellant cannot be admitted. 5. Aggrieved by the order of CIT(A), the assessee is in appeal before us. 6. Before us, the ld. AR of the assessee filed a note, in which, inter-alia, it was stated that the default of not paying the self-assessment tax on account of business losses incurred by the assessee during the period relevant to the assessment years 2011-12 and subsequently, the assessee raised personal loans and cleared the entire liability of self- assessment tax on 25/02/2020. The ld. AR, therefore, ITA No. 513/Hyd/2020 Sri Srinivasa and Company, Hyd. :- 3 -: requested the Bench to remit the matter to the file of CIT(A) for deciding the appeal on merits. 7. The ld. DR, on the other hand, agreed to the submissions made by the AR of the assessee. 8. We have considered the facts of the case and the request made by the learned AR. We are of the view that interest of justice will be served if the matter is restored to the file of first appellate authority for deciding the appeal of the assessee on merits by admitting the appeal of the assessee. Accordingly, the CIT(A) is directed to afford reasonable opportunity of being heard to the assessee and thereafter decide the appeal on merits. We direct the assessee to appear before CIT(A) with all the relevant evidences; at its own risk and responsibility to be followed by three effective opportunities of hearing. 9. In the result, appeal of the assessee is treated as allowed for statistical purposes in above terms. Pronounced in the open court on 23 rd November, 2021. Sd/- Sd/- (S.S. GODARA) (L. P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 23 rd November, 2021. ITA No. 513/Hyd/2020 Sri Srinivasa and Company, Hyd. :- 4 -: kv Copy to : 1 Sri Srinivasa and Company C/o Mohd. Afzal, Advocate, 11-5-465, Sherson’s Residency, Flat No. 402, Criminal Court Road, Red Hills, Hyderabad – 500 004. 2 DCIT – Circle – 9(1), Hyderabad. 3 CIT(A) – 7, Hyderabad. 4 Pr. CIT – 7, Hyderabad 5 ITAT, DR, Hyderabad. 6 Guard File.