Srinivas Rao Thumati , Warangal V. Income Tax Officer, Ward-4, Warangal

ITA 755/Hyd/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5924 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 25-09-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 13-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOOKAMBI KEYAN S
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER I.T.A. NO. 755/HYD/2019 ASSESSMENT YEAR: 2014-15 SRINIVAS RAO THUMATI, WARANGAL [PAN: AOZPT7804C] VS INCOME TAX OFFICER, WARD-4, WARANGAL (APPELLANT) (RESPONDENT) FOR ASSESSEE : SMT. S. SANDHYA, AR FOR REVENUE : SHRI MOOKAMBIKEYAN S. DR DATE OF HEARING : 25-09-2019 DATE OF PRONOUNCEMENT : 30-09-2019 O R D E R THIS APPEAL FILED BY THE ASSESSEE FOR THE AY.2014-15, IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCO ME TAX (APPEALS)12, HYDERABAD, DATED 07-02-2019. 2. BRIEF FACTS OF THE CASE ARE THAT, ASSESSEE, AN INDI VIDUAL, IS A COMMISSION AGENT ON AGRICULTURAL PRODUCTS. HE FILED HIS RETURN OF INCOME FOR THE AY.2014-15 ON 19-08-2015, AD MITTING TOTAL INCOME OF RS.2,17,470/-. 3. DURING THE COURSE OF ASSESSMENT PROCEEDINGS U/S.14 3(3) OF THE INCOME TAX ACT [ACT], THE ASSESSEE WAS REQUIRED TO FURNISH THE INFORMATION NECESSARY FOR COMPLETION OF ASSESSMENT OF HIS INCOME. ASSESSEE WAS ALSO ASKED TO PRODUCE STATEMENTS OF BANK ACCOUNTS MAINTAINED BY THE ASSESSEE ITA NO. 755/HYD/2019 :- 2 -: DURING THE F.Y.2013-14. THE ASSESSEE SUBMITTED DETAI LS AND ON PERUSAL OF THE SAME, THE ASSESSING OFFICER (AO) NO TICED THAT THERE WERE HUGE CASH DEPOSITS IN HIS ACCOUNT NO.15142 04415 MAINTAINED WITH A.P. GRAMEENA VIKAS BANK. ASSESSEE WA S THEREFORE ASKED TO EXPLAIN THE SOURCES FOR THE CASH DEP OSITS AND FDRS. ASSESSEE COULD NOT FURNISH THE RELEVANT MA TERIAL AND THEREFORE, AO TREATED THE CASH DEPOSITS INTO BANK AC COUNT AMOUNTING TO RS.10,87,500/- AS UN-EXPLAINED CASH CRED IT U/S.68 OF THE ACT AND BROUGHT IT TO TAX. FURTHER, THE AO A LSO NOTED THAT THE ASSESSEE HAS NOT OFFERED THE INTEREST INCOME TO AN EXTENT OF RS.5,7,56/- TO TAX AND HE ACCORDINGLY BROU GHT IT TO TAX. THE AO ALSO NOTICED THAT ASSESSEE HAS CLAIMED RS.38,512/- TOWARDS DEDUCTION U/S.80C OF THE ACT BUT C OULD PRODUCE THE PROOF TO AN EXTENT OF RS.4,476/- ONLY. THE BALANCE CLAIM OF RS.34,036/- WAS ACCORDINGLY BROUGHT TO TAX. 3.1. AGGRIEVED, THE ASSESSEE PREFERRED AN APPEAL BEF ORE THE CIT(A), WHO CONFIRMED THE ORDER OF AO ON THE GROUND TH AT ASSESSEE HAS NOT APPEARED BEFORE HER [CIT(A)] AND AL SO THAT NO EVIDENCE HAS BEEN FILED BEFORE HER IN SUPPORT OF THE ASSESSEES CLAIMS. 3.2. AGGRIEVED, THE ASSESSEE IS IN SECOND APPEAL BEF ORE THE ITAT. 4. AT THE TIME OF HEARING, LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT INITIALLY, THE APPEAL WAS FILED WITH CIT( A)-2, HYDERABAD AND SUBSEQUENTLY IT WAS TRANSFERRED TO THE CI T(A)- 12, HYDERABAD, VIDE NOTIFICATION DT.03-01-2019. HE S UBMITTED ITA NO. 755/HYD/2019 :- 3 -: THAT THE CIT(A)-12 HAS RECORDED THAT THE NOTICES DT.15-01-2 019 AND 25-01-2019 WERE ISSUED AND SERVED UPON THE ASSE SSEE. SHE SUBMITTED THAT THE ASSESSEE HAS NOT RECEIVED THE NO TICES AND THEREFORE HE PRAYED THAT THE ORDER OF CIT(A) MAY BE SET ASIDE AND ASSESSEE BE GIVEN AN OPPORTUNITY TO EXPLAIN HIS CASE. 5. LD.DR WAS ALSO HEARD. 6. TAKING NOTE OF THE FACT THAT THE CIT(A) HAS DISMISSED THE APPEAL FOR NON-APPEARANCE OF THE ASSESSEE OR HIS COU NSEL AND FOR NON-FURNISHING OF THE RELEVANT MATERIAL. WE FIND THAT ONLY TWO DATES OF HEARING WERE GIVEN BY THE PRESENT CIT(A) . THEREFORE, I DEEM IT FIT AND PROPER TO SET ASIDE THE OR DER OF CIT(A) FOR FRESH HEARING, AFTER GIVING DUE OPPORTUNIT Y OF HEARING TO THE ASSESSEE. THE ASSESSEE SHALL ALSO CO-OPERATE WI TH THE CIT(A) BY FURNISHING THE RELEVANT MATERIAL FOR SPEEDY DISPOSAL OF THE APPEAL. 7. IN THE RESULT, THE APPEAL OF ASSESSEE IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH SEPTEMBER, 2019 SD/- (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED: 30-09-2019 TNMM ITA NO. 755/HYD/2019 :- 4 -: COPY TO : 1. SHRI SRINIVAS RAO THUMATI, H.NO.1-36, VILLAGE KONKAPAKA MANDAL SRINAGAR, PARVATHAGIRI, WARANGAL. 2. INCOME TAX OFFICER, WARD-4, WARANGAL. 3. CIT(APPEALS)-12, HYDERABAD. 4. PR.CIT-3, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.