R Anantha Reddy, Hyderabad V. Income Tax Officer, Ward-15(2), Hyderabad

ITA 77/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1094 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 23-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained investment
• Section: 144; 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 77 /HYD./201 9 ASSESSMENT YEAR: 20 1 5 - 16 SHRI R.ANANTHA REDDY VS. ITO, WARD 15(2) HYDERABAD HYDERABAD PAN: ANJPR9729H (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE. FOR REVENUE : SH. ROHIT M U JUMDAR, D.R. DATE OF HEARING : 14 / 12 /2020 DATE OF PRONOUNCEMENT : 17 / 12 /2020 O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FILED AGAINST THE ORDER OF CIT(A) - 7 , HYDERABAD DATED 12.11.2018 RELATING TO A.Y. 201 5 - 16. TH IS APPEAL W AS TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 14.12.2020 AND LD.DR WAS HEARD. NONE APPEARED FOR ASSESSEE. 2 . UPON HEARING THE LD.D.R. AND ON GOING THROUGH THE RECORD, WE FIND THAT THE ASSESSMENT ORDER WAS PASSED U/S 144 OF THE ACT MAKING AN ADDITION OF UNEXPLAINED INVESTMENT, AGAINST WHICH ASSESSEE FILED APPEAL BEFORE THE CIT(A) EXPLAINING THE SOURCES, BUT THE CIT(A) DID NOT ACCEPT TH E CONTENTIONS ITA NO. 77 /HYD./201 9 , AY 201 5 - 16 SRI R. ANANTHA REDDY, HYD. 2 OF ASSESSEE STATING THAT MERE CLAIM WITHOUT PRODUCTION OF EVIDENCE IS NOT ACCEPTABLE . WE FIND THAT THE CIT(A) HAS REJECTED THE ASSESSEES CLAIM IN LIMINI W ITHOUT CALLING FOR ANY REPORT FROM THE ASSESSING OFFICER ON THE SUBMISSIONS OF THE ASSESSEE. THEREFORE, IN THE INTEREST OF JUSTICE, WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF THE A.O. WITH A DIRECTION TO RE - CONSIDER THE ISSUE DE - NOVO IN ACCORDANCE WITH LAW, AFTER AFFORDING A FAIR OPPORTUNITY OF HEARING TO THE ASSESSEE. 3 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 17 /12/ 2020. SD/ - SD/ - (A. MOHAN ALANKAMONY) (P. MADHAVI DEVI) ACCO UNTANT MEMBER JUDICIAL MEMBER DATED: 17 TH DECEMBER, 2020 GMV COPY OF ORDER FORWARDED TO: 1. SRI R. ANANTHA REDDY, H.NO. 2 - 14 - 106, BEERAPPAGADDA, UPPAL, HYDERABAD. 2. ITO, WARD 15(2), HYDERABAD . 3. A CIT , RANGE 15, HYDERABAD 4. CIT (A) - 7 , HYDERABAD. 5 . PR. CIT - 7, HYDERABAD 6 D.R. ITAT HYDERABAD 7 . GUARD FILE