P.Mangatram Jewellers Private Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-16(2), Hyderabad

ITA 527/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5401 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2009-2010
• Appeal Filed On: 15-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BHAVESH R VITHLANI

Judgement Text

ITA NO 527 OF 2019 P MANGATRAM JEWELLERS P LTD HY DERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.527/HYD/2019 ASSESSMENT YEAR: 2009-10 M/S. P. MANGATRAM JEWELLERS (P) LTD, HYDERABAD PAN:AADCP6442M VS. DY. C.I.T. CIRCLE 16(2) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI BHAVESH R VITHLANI REVENUE BY : SRI ROHIT MUJUMDAR, DR DATE OF HEARING: 28/04/2021 DATE OF PRONOUNCEMENT: 05/05/2021 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2009-10 AGAIN ST THE ORDER OF THE CIT (A)-4, HYDERABAD, DATED 11.2.2 019. 2. AT THE OUTSET, IT IS SEEN THAT THE ORDER OF THE CIT (A) IS EX-PARTE THE ASSESSEE AND THERE IS NO DISCUSSION ON MERITS. 3. IN THE ASSESSMENT ORDER, THE ASSESSING OFFICER H AS MADE AN ADDITION OF 8,61,824/- TOWARDS BOGUS PURCHA SES AND THE ASSESSEE HAD FILED AN APPEAL BEFORE THE CIT (A) STA TING THAT THE PURCHASE VOUCHERS ALONG WITH BANK STATEMENT AND COP Y OF THE RETURN WERE PRODUCED BY THE ASSESSEE BEFORE THE ASS ESSING OFFICER, BUT THE ASSESSEE WAS NOT GIVEN AN OPPORTUN ITY TO CROSS ITA NO 527 OF 2019 P MANGATRAM JEWELLERS P LTD HY DERABAD PAGE 2 OF 2 EXAMINE THE PARTY ON WHOSE STATEMENT, THE ASSESSING OFFICER HAS PLACED RELIANCE UPON TO HOLD THE PURCHASES TO BE BO GUS. 4. SINCE THE CIT (A) HAS NOT DECIDED THE APPEAL ON MERITS, ONLY IN THE INTEREST OF JUSTICE, WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF THE CIT (A) WITH A DIRECTION TO CONSIDER THE ISSUE AFRESH AFTER GIVING THE ASSESSEE A FAIR OPPORTUNITY OF HEARING. 5. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH MAY, 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 5 TH MAY, 2021. VINODAN/SPS COPY TO: S.NO ADDRESSES 1 M/S. P. MANGATRAM JEWELLERS (P) LT D, C/O B VITHLANI & CO. C.AS, 4 - 1 - 10/B/12, SHEETAL TILAK ROAD, ABIDS, HYDERABAD, 2 DY.CIT, CIRCLE 16(2) 2 ND FLOOR, B BLOCK, IT TOWERS, MASAB TANK, HYDERABAD 3 CIT (A)-4, HYDERABAD 4 PR. CIT - 4, HYDERABAD 5 DR, ITAT HYDERABAD BEN CHES 6 GUARD FILE BY ORDER