Naresh Kumar , Hyderabad V. Income Tax Officer, Ward-8(2) , Hyderabad

ITA 563/Hyd/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8447 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2010-2011
• Appeal Filed On: 19-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD ‘A’ BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER (Through Virtual Hearing) ITA No.563/Hyd/2020 (Assessment Year : 2010-11) Shri Naresh Kumar, 21-7-38, Ghansi Bazar, Hyderabad. PAN APSPK 4691Q .....Appellant. Vs. Income Tax Officer, Ward 8(2), Hyderabad. .....Respondent. Appellant By : Shri P. Murali Mohan Rao. Respondent By : Shri Ravi Kiran. (D.R.) Date of Hearing : 18.10.2021. Date of Pronouncement : 16.11.2021. O R D E R Per Shri S.S. Godara, J.M. : This assessee’s appeal for Asst. Year 2010-11 arises from the Commissioner of Income Tax (Appeals), Rajamahendravaram, E.G. district, A.P’s order dt.12.12.2019 passed in case No.10069/2018- 2 ITA No.563/Hyd/2020 19/CIT(A)/RJY in proceedings under Section 144 r,w,s, 147 of Income Tax Act, 1961 (‘the Act’). Heard both the parties. Case file perused. 2. We notice at the outset that assessee's instant appeal suffers from 543 days delay in filing. Learned counsel submitted that due to the outbreak of pandemic covid 19 and other reasons mentioned in the condonation petition filed before us, which caused the impugned delay in filing of the instant appeal. Case law Collector Land Acquisition Vs. Mst. Katiji & Ors, 1987 AIR 1353 (SC) and University of Delhi Vs. Union of India, Civil Appeal No.9488 & 9489/2019 dated 17 th Dec., 2019, hold that such a delay; supported by cogent reasons, deserves to be condoned so as to make way for the cause of substantial justice. We accordingly hold that assessee's impugned delay of five hundred and forty three days is neither intentional nor deliberate but due to the circumstances beyond its control. The same stands condoned. Case is now taken up for adjudication on merits therefore. 3 ITA No.563/Hyd/2020 3. It is noticed at the outset that the assessment order dt.29.12.2017 as well as lower appellate orders under challenge making addition of Rs.15,94,20,093 as unexplained cash deposits, have been passed exparte. Learned CIT-DR vehemently contended during the course of hearing that both the lower authorities have rightly made the impugned addition since the assessee failed to explain source thereof in the corresponding proceedings. He fails to dispute that neither of the learned lower authority has considered the assessee's regular business activity as well as the peak sum of the impugned cash deposit in assessment as well as in lower appellate proceedings. We therefore deem it appropriate to restore the assessee's instant sole instant substantive grievance on merits back to the Assessing Officer for his afresh factual verification subject to the condition that it shall be the risk and responsibility of the tax payer only to file all the evidences on record within three effective opportunities of hearing. Ordered accordingly. 4 ITA No.563/Hyd/2020 4. All other legal as well as other grounds on merits are not pressed at this stage. 5. This assessee's appeal is allowed for statistical purposes in above terms. Order pronounced in the open court on 16th Nov., 2021. Sd/- Sd/- (L.P. SAHU) (S.S. GODARA) Accountant Member Judicial Member Hyderabad, Dt. 16.11.2021. * Reddy gp Copy to : 1. Shri Naresh Kumar, 21-7-38, Ghansi Bazar, Hyderabad. 2. ITO, Ward 8(2), Hyderabad. 3. C.C I T, Visakhapatnam / Hyderabad. 4. CIT(Appeals)-2, Hyderabad / Addl./JT.CIT, Range 8, Hyderabad. 5. DR, ITAT, Hyderabad. 6. Guard File. By Order Sr. Pvt. Secretary, ITAT, Hyderabad.