Liyaqatullah Khan, Hyd, Hyderabad V. ITO, Ward-7(1), Hyd, Hyderabad

ITA 784/HYD/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6113 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 26-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Keywords: Principle of natural justice; Revised return
• Section: 154; 11

Judgement Text

ITA NO 784 OF 2016 LIYAQATU LLA KHAN HYDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.784/HYD/2016 (ASSESSMENT YEAR: 2010-11) SHRI LIYAQATULLAH KHAN HYDERABAD PAN: AENPK 9509 F VS INCOME TAX OFFICER WARD 7(1) HYDERABAD FOR ASSESSEE : SHRI MOHD. AFZAL FOR REVENUE : SHRI K.J. RAO, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2010-11. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE FI LED HIS RETURN OF INCOME ADMITTING TOTAL INCOME OF RS.50,820. THER EAFTER, THE ASSESSEE FILED A REVISED RETURN OF INCOME ON 30.09.2011 OFFE RING THE TOTAL INCOME AT RS.50,820 ONLY, BUT IN THE P&L A/C OF THE ASSESS EE, THE PROFIT WAS WORKED OUT AT RS.10,58,953 AND THE LOSSES OF THE EA RLIER YEARS WERE SET OFF AGAINST THE SAME. THEREAFTER, THE ASSESSEE REC EIVED AN ORDER U/S 154 OF THE I.T. ACT DENYING THE CARRY FORWARD OF PR EVIOUS YEARS LOSSES AMOUNTING TO RS.10,58,953 WHICH IS CLAIMED IN THE R EVISED RETURN AS PER THE PROVISIONS OF THE I.T. ACT. NO REASONS WERE MENTIONED FOR DENYING THE ADJUSTMENT AND THE TOTAL INCOME WAS DET ERMINED AT RS.11,09,773 AND BROUGHT TO TAX. AGGRIEVED, THE ASS ESSEE PREFERRED AN APPEAL BEFORE THE CIT (A), WHO DISMISSED THE SAME O N THE GROUND THAT THERE WAS NO RESPONSE FROM THE ASSESSEE TO THE NOTI CED ISSUED FOR HEARING OF THE APPEAL. THE ASSESSEE IS IN FURTHER A PPEAL BEFORE US. DATE OF HEARING : 18 . 10 .2016 DATE OF PRONOUNCEMENT : 26 .10 .2016 ITA NO 784 OF 2016 LIYAQATU LLA KHAN HYDERABAD PAGE 2 OF 2 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THERE WAS FOUR DATES ON WHICH THE APPEAL WAS FIXED FOR HE ARING BY THE CIT (A) AND ON THREE OCCASIONS THE LEARNED COUNSEL FOR THE ASSESSEE HAD APPEARED AND HAD SOUGHT ADJOURNMENT AND ONLY ON THE DATE OF THE HEARING I.E. 11.03.2016, HE WAS HELD UP IN SOME OTH ER MATTERS AND THEREFORE, COULD NOT APPEAR BEFORE THE CIT (A) AND THIS HAS RESULTED IN THE DISMISSAL OF THE APPEAL. THEREFORE, THE LEARNED COUNSEL FOR THE ASSESSEE PRAYED THAT ANOTHER OPPORTUNITY TO PRESENT HIS CASE BEFORE THE CIT (A) MAY BE GIVEN. THE LEARNED DR, HOWEVER, SUPP ORTED THE ORDERS OF THE CIT (A). 4. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE M ATERIAL ON RECORD, AND IN THE INTEREST OF NATURAL JUSTICE, WE DEEM IT FIT AND PROPER TO SET ASIDE THE ISSUE TO THE FILE OF THE CIT (A) F OR DECISION ON MERITS AFTER GIVING THE ASSESSEE AN OPPORTUNITY OF HEARING . THE ASSESSEE SHALL ALSO COOPERATE WITH THE CIT (A) FOR EARLY DISPOSAL OF THE APPEAL. 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH OCTOBER, 2016. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 26 TH OCTOBER, 2016. VINODAN/SPS COPY TO: 1 SHRI MOHD. AFZAL, ADVOCATE, 11 - 5 - 465 SH ERSONS RESIDENCY, FLAT NO.402,CRIMINAL COURT ROAD, RED HILLS, HYDERABAD 50 0004 2 INCOME TAX OFFICER WARD 7(1) HYDERABAD 3 CIT (A) - 3 HYDERABAD 4 PR. CIT 3 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER