Anjaneya Traders Private Limited, Hyderabad, Hyderabad V. ITO, Ward-1(1), Hyderabad, Hyderabad

ITA 702/HYD/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4486 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Assessment Year: 2008-2009
• Appeal Filed On: 20-04-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KANIKA AGARWAL
• Assessee Lawyers: P MURALI MOHANA RAO
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO.702/HYD/2017 ASSESSMENT YEAR:2008 - 09 ANJANEYA TRADERS PRIVATE LIMITED, HYDERABAD. PAN: AACCA 4249 C VS. INCOME TAX OFFICER, WARD - 1(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI P. MURALI MOHANA RAO REVENUE BY: MS. KANIKA AGARWAL, DR DATE OF HEARING: 19/10/2020 DATE OF PRONOUNCEMENT: 19/10/2020 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (A) - 1, HYDERABAD IN APPEAL NO. 0158/2010 - 11 CIT(A) - 1/HYD /2016 - 17, DATED 30/05/2016 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE AY 2008 - 09. 2. THE ASSESSEE HAS RAISED SEVERAL GROUNDS IN ITS APPEAL HOWEVER, AT THE OUTSET LD. AR SUBMITTED BEFORE US THAT THE LD. CIT (A) DID NOT CONDONE THE DELAY IN FILING T HE APPEAL ON THE GROUND THAT THE ASSESSEE HAD FAILED TO FURNISH PETITION FOR CONDONING THE DELAY. THE LD. AR FURTHER 2 SUBMITTED THAT ONE MORE OPPORTUNITY MAY BE PROVIDED TO ARGUE THE CASE BEFORE THE LD. AO BECAUSE FRESH EVIDENCE IS REQUIRED TO BE FILED IN O RDER TO JUSTIFY THE ASSESSEES STAND. HENCE IT WAS PLEADED THAT THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE LD. AO AFTER CONDONING THE DELAY IN FILING THE APPEAL BEFORE THE LD. CIT (A). THE LD. DR VEHEMENTLY ARGUED IN SUPPORT OF THE ORDERS OF THE L D. REVENUE AUTHORITIES , HOWEVER, DID NOT RAISE ANY SERIOUS OBJECTION FOR REMITTING THE MATTER BACK TO THE FILE OF THE LD. AO FOR FRESH CONSIDERATION. 3. AFTER HEARING BOTH SIDES AND CONSIDERING THE INTRICACIES INVOLVED IN THE APPEAL, IN THE INTEREST OF JUSTICE, WE HEREBY CONDONE THE DELAY IN FILING THE APPEAL BEFORE THE LD. CIT (A) AND FURTHER REMIT THE MATTER BACK TO THE FILE OF THE LD. AO FOR FRESH CONSI DERATION. WE ALSO DIRECT THE LD. AO TO ADMIT ANY FRESH EVIDENCE FILED BY THE ASSESSEE AND THEREAFTER PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW AND MERIT . WE FURTHER CAUTION THE ASSESSEE AND ITS LD. AR TO PROMPTLY CO - OPERATE BEFORE THE LD. REVENUE AUTH ORITIES IN THEIR PROCEEDINGS FAILING WHICH THEY SHALL BE AT LIBERTY TO PASS APPROPRIATE ORDERS BASED ON THE MATERIAL ON RECORD. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES AS INDICATED HEREIN ABOVE. 3 PRONOUNCED IN THE OPEN COURT ON 19 TH OCTOBER, 2020. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 19 TH OCTOBER, 2020. OKK COPY TO: - 1. ANJANEYA TRADERS PRIVATE LIMITED C/O. P. MURALI & CO., CHARTERED ACCOUNTANTS, 6 - 3 - 655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD 82. 2. INCOME TAX OFFICER, WARD - 1(1), HYDERABAD. 3. THE CIT (A) - 1, HYDERABAD. 4. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, HYDERABAD.(II) ADDL. COMMISSIONER OF INCOME TAX, RANGE - 1, HYDERABAD . 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. 6. GUARD FILE