Kotagiri Suryanarayana Murthy, Visakhapatnam V. The Assistant Commissioner Of Income Tax, Central Circle-1, Visakhapatnam

ITA 595/VIZ/2019

• Counselvise Citation: [2019] 114 COUNSELVISE.COM (IT) 2250 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 11-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay; Additional evidence; Set aside
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER S.A.NO. 6 5 /VIZ/2019 AND ITA NO. 595 / VIZ /201 9 (ASST. YEAR : 20 1 2 - 1 3 ) KOTAGIRI SURYANANARAYANA MURTHY, D.NO. 45 - 49 - 15/3, SAI TEJA RESIDENCY, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM. V S . A CIT, CENTRAL CIRCLE - 1 , VISAKHAPATNAM. PAN NO. AERPK 2086 B (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADV OCATE . DEPARTMENT BY : SHRI T.S.N. MURTHY SR. DR SMT. SUMAN MALIK SR.DR DATE OF HEARING : 18 / 1 1 /201 9 . DATE OF PRONOUNCEMENT : 20 / 1 1 /201 9 . O R D E R PER V. DURGA RAO , JUDICIAL MEMBER BY FILING THIS STAY APPLICATION, ASSESSEE SEEKS STAY ON THE OUTSTANDING DEMAND OF RS. 8,10,670 / - . TH E ASSESSEE ALSO FILED THIS APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 3 , VISAKHAPATNAM , DATED 1 4 /0 7 /201 9 FOR THE ASSESSMENT YEAR 201 2 - 1 3 . 2 ITA NO. 595 /VIZ/2019 S.A.NO.65 /VIZ/2019 ( K. SURYANARAYANA MURTHY ) 2. GROUND NOS. 1 & 5 ARE GENERAL IN NATURE, NO ADJUDICATION IS REQUIRED, THEREFORE SAME ARE DISMISSED. GROUND NO.4 IS NOT PRESSED BY THE ASSESSEES COUNSEL, THEREFORE SAME IS DISMISSED. GROUND NO S . 2 & 3 RELATE TO UNEXPLAINED PAYMENT OF LIC PREMIUM. 3 . BEFORE THE ASSESSING OFFICER , THE ASSESSEE HAS NOT FILED ANY DETAILS IN RESPECT OF LIC PREMIUM PAID BY HIM , E VEN BEFORE THE LD.CIT(A) NO DETAILS HAVE BEEN FILED . BEFORE US, THE ASSESSEE HAS FILED THE DETAILS I.E. SWORN STATEMENTS, COPY OF BANK STATEMENT, COP IES OF REPLY FILED BEFORE THE ASSESSING OFFICER AND COPY OF COMPUTATION OF INCOME AND FINANCIAL STATEMENTS . THESE ADDITIONAL EVIDENCE ARE NEITHER BEFORE THE ASSESSING OFFICER NOR BEFORE TH E LD. CIT(A) , T HEREFOR E, WE FIND THAT IT HAS TO BE ADMITTED . ACCORDINGLY, WE ADMIT THE SAME AND SET ASIDE TO THE LD. CIT(A) TO DECIDE THE APPEAL ON MERITS AFTER CONSIDERING THE ADDITIONAL EVIDENCE , IF NECESSARY CALL FOR REMAND REPORT. THUS, THIS APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 4 . SO FAR AS STAY APPLICATION FILED BY THE ASSESSEE IS CONCERNED, AS WE HAVE DISPOSED OF THE ASSESSEES APPEAL (SUPRA) , THE STAY APPLICATION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND IS DISMISSED ACCORDINGLY. 3 ITA NO. 595 /VIZ/2019 S.A.NO.65 /VIZ/2019 ( K. SURYANARAYANA MURTHY ) 5 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE AND THE S.A. IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 2 0 T H DAY OF NOV . , 1 9 . S D / - S D / - (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 2 0 T H NOVEMBER , 201 9 . VR/ - COPY TO: 1. THE ASSESSEE - KOTAGIRI SURYANANARAYANA MURTHY, D.NO. 45 - 49 - 15/3, SAI TEJA RESIDENCY, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM. 2. THE REVENUE ACIT, CENTRAL CIRCLE - 1, VISAKHAPATNAM. 3. THE PR. CIT (CENTRAL), VISAKHAPATNAM. 4. THE CIT(A) - 3, VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.