Ansar Ahmed Khan, Hyderabad, Hyderabad V. ITO, Ward-4(2), Hyderabad, Hyderabad

ITA 686/HYD/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2510 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2010-2011
• Appeal Filed On: 17-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained investment; Capital Gains
• Section: 147; 144; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. M OH AN ALANKAMONY , ACCOUNTANT MEMBER (THROUGH VIRTUAL CONFERENCE) I.T.A. NO . 686 /HYD/201 7 ASSESSMENT YEAR: 2010 - 11 ANSAR AHMED KHAN, HYD ERABAD . PAN A LFPK 8994 F VS INCOME - TAX OFFICER, WARD 4(2), HYDERABAD. (APPELLANT) (RESPONDENT) DATE OF HEARING : 23 - 1 1 - 20 20 DATE OF PRONOUNCEMENT : 26 - 1 1 - 20 20 O R D E R PER P. MADHAVI DEVI, J.M. : TH IS IS AN APPEAL OF THE ASSESSEE FOR THE AY 2010 - 11 AGAINST THE ORDER OF CIT(A) 1, GUNTUR, CONFIRMING THE ORDER PASSED BY THE AO U/S 154 OF THE IT ACT. 2. AT THE TIME OF HEARING, IT IS NOTICED THAT NONE APPEARED ON BEHALF OF THE ASSESSEE BEFORE THE AO DU RING THE PROCEEDINGS U/S 154 OF THE ACT OR DURING THE ASSESSMENT PROCEEDINGS U/S 144 R.W.S 147 OF THE ACT . E VEN BEFORE THE CIT(A) , NONE APPEARED FOR THE FOR ASSESSEE : SHRI MOHD. AFZAL FOR REVENUE : SHRI SUNIL KUMAR PANDEY ITA NO. 686 /HYD/201 7 ANSAR AHMED KHAN, HYD. : - 2 - : ASSESSEE, DUE TO WHICH, THE CIT(A) HA S CONFIRMED THE ASSESSMENT ORDER AND THE ORDER PASSED U/S 154 OF THE ACT. AGAINST SUCH ORDER OF THE CIT(A), THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 3. BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT DUE TO UNAVOIDABLE CIRCUMSTANCES, THE ASSESSEE COULD NOT APPEAR BEFORE THE AO AND , THEREFORE, HE PRAYE D FOR AN OPPORTUNITY TO PRESENT HIS CASE BEFORE THE AO. 4. THE LD. DR WAS ALSO HEARD, WHO OPPOSED THE REMAND OF THE ISSUE TO THE AO. 5. HAVING REG ARD TO THE RIVAL CONTENTIONS AND THE MATERIAL ON RECORD, WE FIND THAT THE AO HAS BROUGHT THE SHORT - TERM CAPITAL GAINS AND UNEXPLAINED INVESTMENTS TO TAX AND DURING 154 PROCEEDINGS , FURTHER ADDITION OF RS. 37,82,500/ - WAS MADE TOWARDS THE DIFFERENCE AMOUNT OF UNEXPLAINED INVESTMENT. SINCE THE ASSESSEE DID NOT APPEAR BEFORE THE AO AND CIT(A), EXPARTE ORDERS HAVE BEEN PASSED BY THE LOWER AUTHORITIES. IN ORDER TO GIVE AN OPPORTUNITY TO THE ASSESSEE TO PRESENT HIS CASE BEFORE THE LOWER AUTHORITIES AND IN THE IN TEREST OF JUSTICE, WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF AO FOR DENOVO ASSESSMENT IN ACCORDANCE WITH LAW. NEEDLESS TO MENTION THAT THE ASSESSEE SHALL BE GIVEN FAIR OPPORTUNITY OF HEARING AND THE ITA NO. 686 /HYD/201 7 ANSAR AHMED KHAN, HYD. : - 3 - : ASSESSEE IS DIRECTED TO COOPERATE WITH THE AO FOR EARLY COMPLETION OF THE ASSESSMENT. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER P RONOUNCED IN THE OPEN COURT ON 26 TH NOVEMBER , 20 20 . SD/ - SD/ - ( A . M OH AN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDE RABAD, DATED : 26 TH NOVEMBER , 20 20 . KV COPY TO : 1. SHRI ANSAR AHMED KHAN, C/O MOHD. AFZAL, ADVOCATE, 11 - 5 - 465, SHERSON S RESIDENCY, FLAT NO. 402, CRIMINAL COURT ROAD, RED HILLS, HYDERABAD 500 004. 2. IT O, WARD - 4 ( 2 ), AAYAKAR BHAVAN TOWERS, HYDERABAD. 3 . CIT(A PPEALS ) - 1 , HYDERABAD . 4 . THE PR. CIT - 1 , HYDERABAD. 5 . D.R. ITAT, HYDERABAD. 6 . GUARD FILE.