LAXMI HI-PUR FINANCE, Karimnagar V. INCOME TAX OFFICER, WARD-4, KARIMNAGAR

ITA 561/Hyd/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 3587 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 28-02-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 14-11-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

1 आयकर अपीलीय अिधकरण, हैदराबाद पीठ मŐ IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”, HYDERABAD BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT & SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER आ.अपी.सं / ITA No. 561/Hyd/2023 (िनधाŊरण वषŊ / Assessment Year: 2017-18) LAXMI HI-PUR FINANCE SY.No.1138, Ram Nagar, Karimnagar, Telangana [PAN No. AAEFL4907H] Vs. Income Tax Officer, Ward-4 Karimnagar अपीलाथŎ / Appellant Ů̝ यथŎ / Respondent िनधाŊįरती Ȫारा / Assessee by: Smt. S. Sandhya, AR राज̾ व Ȫारा / Revenue by: Shri Waseem UR Rehman, DR सुनवाई की तारीख/Date of hearing: 29/02/2024 घोषणा की तारीख/Pronouncement on: 29/02/2024 आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 10/10/2023 passed by the learned Commissioner of Income Tax (Appeals)- National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Laxmi Hi-Pur Finance (“the assessee”) for the assessment year 2017-18, assessee preferred this appeal. 2. At the outset, the learned AR submiƩed that the noƟces issued by the first appellate authority mostly were during the Covid period and subsequently only one noƟce was issued on 06/10/2023 through ITBA Portal 2 but due to long lapse of Ɵme aŌer filing of the appeal, the assessee could not verify the portal to know about the issuance of such noƟce. She further submiƩed that the assessee is possessing all the relevant informaƟon to saƟsfy the authoriƟes that the esƟmaƟon of income at 15% of the turnover is disproporƟonate and would cause a great heardship. She prays that given an opportunity, the assessee is ready to produce all the material before the learned CIT(A) and conduct its defense diligently. She further submiƩed that the assessee does not stand to gain by allowing the appeal disposed of ex- parte. 3. Learned DR vehemently opposed grant of another opportunity to the assessee staƟng that the CIT(A) has granted as many as 10 adjournments but the assessee failed to avail the same and therefore, no further opportunity should be granted. 4. We have gone through the record in the light of the submissions made on either side. A reading of the impugned order shows that the learned CIT(A), no doubt, granted as many as 10 adjournments, but all of them are between January 2020 and March, 2022, mostly during the Covid pandemic period, except one that was on 06/10/2023. We find strength in the submission of the learned AR that since it is only the noƟce issued aŌer the transfer of the maƩer to the NaƟonal Faceless Appeal Centre and that too aŌer a long lapse of Ɵme, the assessee could not keep track of the same and missed to verify the portal to know about the issuance of such noƟce, thereby resulƟng in dismissal of the appeal ex-parte. 5. In these circumstances, in view of the undertaking of the learned AR that the assessee would diligent in future in conducƟng its defense without seeking any adjournments, if an opportunity is granted, we find that such a request could be granted since the assessee does not stand to gain by remaining ex- parte without there being any reason. Further, the highest that would happen by preferring the opportunity to serve the ends of jusƟce to the technicaliƟes, the highest that would happen is that the correct tax liability of the assessee could be determined. 3 6. In this view of the maƩer, we set aside the impugned order and restore the appeal to the file of the learned CIT(A) to be disposed of afresh aŌer giving an opportunity to the assessee of being heard. We direct the assessee to be diligent in conduct of its defense before the learned CIT(A) without seeking any adjournment. Grounds are accordingly allowed for staƟsƟcal purposes. 6. In the result, appeal of the assessee is treated as allowed for staƟsƟcal purposes. Order pronounced in the open court on this the 29 th February, 2024. Sd/- Sd/- (RAMA KANTA PANDA) (K. NARASIMHA CHARY) VICE PRESIDENT JUDICIAL MEMBER Hyderabad, Dated: 29/02/2024 PVV/SPS Copy forwarded to: 1. LAXMI HI-PUR FINANCE SY.No.1138, Ram Nagar, Karimnagar, Telangana 2. The Income Tax Officer Ward-4 Karimnagar. 3. Pr. CIT Hyderabad 4. DR, ITAT, Hyderabad. 5. GUARD FILE