Rama Krishna Reddy Puttam , Hyderabad V. Asst. Commissioner of Income Tax, Circle-9(1), Hyderabad

ITA 80/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3370 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 08-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Additional evidence
• Section: 143(3); 201; 9(1); 9(1); 9(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH B HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER I.T.A. NO. 80 /HYD./201 8 ASSESSMENT YEAR : 201 4 - 15 SHRI RAMAKRISHNA REDDY PUTTAM VS. ACIT, CIRCLE 9(1) HYDERABAD HYDERABAD [PAN: AJIPP6604N ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE FOR REVENUE : SHRI ROHIT MUJUMDAR, D.R. DATE OF HEARING : 1 0 /03/2021 DATE OF PRONOUNCEMENT : 09 / 06 /2021 O R D E R PER S.S. GODARA, J.M. THIS ASSESSEES APPEAL FOR AY 201 4 - 15 ARISES FROM CIT(A) - 7 HYDERABADS ORDER DATED 03.10.2017 PASSED IN CASE NO. 0532 /201 6 - 17 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 FOR SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHEST. WE ACCORDINGLY PROCEEDED EX - PARTE. HEARD SHRI ROHIT MUJUMDAR, LEARNED D.R. REPRESENTING THE DEPARTMENT. THE ASSESSEE HAS PLEADED FOLLOWING SUBSTANTIVE GROUNDS IN THE INSTANT APPEAL. ITA NO 80/HYD/2018 AY 2014 - 15 SRI RAMA KRISHNA REDDY PUTTAM 2 1. THE APPELLATE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX APPEALS - 7, HYDERABAD, IN APPEA L NO. 0532/2014 - 15 FOR THE ASSESSMENT YEAR 2014 - 15 IS CONTRARY TO THE LAW AND FACTS OF THE CASE, INSOFAR AS IT IS AGAINST THE ASSESSEE. 2. THE LEARNED CIT (APP EALS) OUGHT TO HAVE GRANTED RELIEF SOUGHT WITH RESPECT TO ADDITION OF RS 37,90,202/ - BEING THE DIFFERENCE BETWEEN THE GROSS RECEIPTS AS PER THE TAX RETURN AND AS PER THE FORM 26 AS FOR THE IMPUGNED FINANCIAL YEAR. 3. THE LEARNED CIT (APPEALS) OUGHT TO HAVE CONSIDERED AND ACTED UPON THE ADDITIONAL EVIDENCE FILED BEFORE HIM AND TAKEN NECESSARY STE PS U/R 46A OF THE INCOME TAX RULES. 4. THE LEARNED CIT (APPEALS) OUGHT NOT TO HAVE OBSERVED THAT MERE FILING OF AN AFFIDAVIT WILL NOT SUBSTANTIATE THE CLAIM, WITHOUT REFERRING TO THE OTHER DOCUMENTS AND SUBMISSIONS MADE ALONG WITH THE AFFIDAVIT. 5. THE L EARNED CIT (APPEALS) FAILED TO APPRECIATE THE SUBMISSIONS MADE AND OUGHT TO HAVE CONSIDERED THE TOTALITY OF THE FACTS AND CIRCUMSTANCES OF THE CASE. 6. THE LEARNED CIT (APPEALS) OUGHT NOT TO HAVE SUSTAINED THE ADDITION BY MAKING AN OBSERVATION THAT THE PR OFIT PERCENTAGE DECLARED BY THE ASSESSEE IS VERY LOW IN THIS LINE OF BUSINESS. 7. FOR THESE AND ANY OTHER GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING, THE IMPUGNED ADDITIONS/DISALLOWANCES MAY KINDLY BE DELETED. 8. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND OR DELETE ANY OF THE GROUNDS. 2. COMING TO THE S O LE SUBSTANTIVE ISSUE OF THE ALLEGED DIFFERENCE BETWEEN THE ASSESSEES GROSS RECEIPTS AS PER TAX RETURN AS WELL AS FORM 26 AS PERTAINING TO THE RELEVANT FY INVOLVING THE SUM OF RS.37 , 90 , 202 / - , LD.DR FAILED TO DISPUTE THE CLINCHING FACT THAT THE SAME VERY MUCH REQUIRES A FRESH RECONCILIATION THAN ANY SPECIFIC ADJUDICATION ON LAW AND FACTS. WE, THEREFORE, DEEM IT PROPER TO RESTORE THE ASSESSEES INSTANT SOLE SUBSTANTIVE GRIEVANCE BACK TO THE F ILE OF ASSESSING OFFICER FOR HIS FRESH FACTUAL VERIFICATION OF THE CORRESPONDING BOOKS IN LIGHT OF THE RELEVANT DETAILS IN ASSESSEES FORM 26 AS ITA NO 80/HYD/2018 AY 2014 - 15 SRI RAMA KRISHNA REDDY PUTTAM 3 AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. ORDERED ACCORDINGLY. THIS ASSESSEES APPEAL IS AL LOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN OPEN COURT ON 09 TH JUNE, 2021. SD/ - SD/ - (A. MOHAN ALANKAMONY) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 09 TH J UNE, 2021. * GMV COPY OF THE ORDER FORWARDED TO: 1. SRI RAMA KRISHNA REDDY PUTTAM, H.NO. 17 - 1 - 383/M/20, F 302, PAVITRA NILAYAM, VINAY NAGAR COLONY, SAIDABAD, HYDERABAD. 2. THE A CIT, CIRCLE 9 ( 1 ), HYDERABAD. 3. ACIT, RANGE 9, HYDERABAD. 4 . CIT(A) - 7, HYDERABAD. 5. PR.CIT - 7 , HYDERABAD 6 . DR, ITAT, HYDERABAD. 7 . GUARD FILE.