Sumitra Bai , Hyderabad V. Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad

ITA 550/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7128 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 22-03-2021
• Assessment Year: 2005-2006
• Appeal Filed On: 16-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N SRIKANTH
• Keywords: Unexplained investment

Judgement Text

ITA NOS 549 AND 550 OF 2020 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER ITA NOS.549/HYD/2020 ASSESSMENT YEAR: 2005-06 SHRI AGARWAL JUGAL KISHORE NATHMAL, HYDERABAD PAN:AAFHA6079L VS. DY. CIT CIRCLE 3(1) HYDERABAD (APPELLANT) (RESPONDENT) ITA NOS.550/HYD/2020 ASSESSMENT YEAR: 2005-06 SMT. SUMITRA BAI, HYDERABAD PAN: ADVPS0867M VS. DY. CIT CIRCLE 3(1) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY : SRI N. SRIKANTH, DR DATE OF HEARING: 22/03/2021 DATE OF PRONOUNCEMENT: 08/04/2021 ORDER THESE TWO ASSESSEES APPEALS FOR AY.2005-06 ARISES FROM THE CIT(A)-3, HYDERABADS ORDER DATED 13.08.20 20 PASSED IN APPEAL NO.10330/2017-18/B2/CIT(A)-3, IN PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET FROM A PERUSAL OF TH E ASSESSEES IDENTICAL GRIEVANCE THAT THE CIT (A) HAS REFUSED TO CONDONE 30 DAYS DELAY ON ACCOUNT OF THE FACT THAT N O CONDONATION PETITION HAD BEEN FILED FROM THEIR END. THE CIT (A) HAS THEREAFTER ITA NOS 549 AND 550 OF 2020 PAGE 2 OF 2 CONFIRMED THE IMPUGNED ADDITION OF RS.9,50,000 EACH AS UNEXPLAINED INVESTMENT. I NOTICE THAT THESE CASE FI LES PRIMA FACIE INDICATE SOME COMMUNICATION GAP BETWEEN THE ASSESSE E AND THE CIT (A) REGARDING CONDONATION OF IMPUGNED DELAY. I THEREFORE, DEEM IT APPROPRIATE IN THESE FACTS AND CIRCUMSTANCE S THAT BOTH THESE APPEALS DESERVE AFRESH ADJUDICATION BEFORE TH E CIT (A) TO MAKE GOOD ALL DEFICIENCIES. I ORDER ACCORDINGLY. TH E ASSESSEES OR THEIR AR SHALL NOW APPEAR BEFORE THE LEARNED CIT (A ) ON OR BEFORE 31/08/2021 WITH ALL THE COGENT SUPPORTIVE MATERIAL AT THEIR OWN RISK AND RESPONSIBILITIES TO BE FOLLOWED BY THREE E FFECTIVE OPPORTUNITIES OF HEARING. 3. THESE ASSESSEES APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH APRIL, 2021. SD/- HYDERABAD, DATED 8 TH APRIL, 2021. VINODAN/SPS COPY TO: 1 2 SHRI AGARWAL JUGAL KISHORE NATHMAL, 11-5-266/4/24 R ED HILLS,BAZARGHAT, HYDERABAD SMT. SUMITRA BAI, 8 2 684 3K 11-12 ROAD NO.12 BANJ ARA HILLS, HYDERABAD 3 DY. CIT 3(1) SIGNATURE TOWERS, KONDAPUR, HYDERABA D 4 CIT (A)-3 HYDERABAD 5 PR. CIT -3, HYDERABAD 6 THE DR, ITAT HYDERABAD 7 GUARD FILE BY ORDER (S.S. GODARA) JUDICIAL MEMBER