Gokula Bhagya Laxmi, Hyd, Hyderabad V. ITO, Ward-9(3), Hyd., Hyderabad

ITA 826/HYD/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6390 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 22-06-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 17-06-2015
• Court: TRIBUNAL
• Department Lawyers: K E SUNIL BABU
• Section: 133(6); 69; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A (SMC), HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER I.T.A. NO. 826/HYD/2015 ASSESSMENT YEAR: 2010-11 GOKULA BHAGYA LAXMI, HYDERABAD [PAN: ARNPG9187E] VS INCOME TAX OFFICER, WARD-9(3), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A. SRINIVAS, AR FOR REVENUE : SHRI K.E. SUNIL BABU, DR DATE OF HEARING : 24-06-2016 DATE OF PRONOUNCEMENT : 30-06-2016 O R D E R THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF TH E COMMISSIONER OF INCOME TAX (APPEALS)-VII HYDERABAD DATED 16-03-2015 REJECTING ASSESSEES CONTENTIONS AND UPHOL DING THE ORDER OF THE ASSESSING OFFICER (AO) PASSED U/S. 144 OF THE INCOME TAX ACT [ACT]. 2. BRIEFLY STATED, ASSESSEE FILED HER RETURN OF INCOM E FOR AY. 2010-11 ON 12-07-2011 DECLARING TOTAL INCOME OF RS. 1,80,150/- WHICH WAS PROCESSED U/S. 143(1) AND SELECTED FOR SC RUTINY UNDER CASS. THE AO SEEMS TO HAVE SERVED VARIOUS NOTICES ON THE ADDRESS GIVEN IN THE RETURN OF INCOME, BUT THERE IS NO COMPLIANCE FROM ASSESSEE. AO ALSO AFFIXED THE NOTICE ON THE GIVE N ADDRESS AND COMPLETED THE ASSESSMENT U/S. 144. AO CALLED FOR INF ORMATION U/S. 133(6) FROM ICICI BANK AND NOTICED THAT THERE WA S CASH DEPOSITS TO THE TUNE OF RS. 44,85,507/-. ASSESSEE HAS SHOWN GROSS I.T.A. NO. 826/HYD/2015 GOKULA BHAGYA LAXMI :- 2 -: RECEIPTS OF RS. 10,24,175/- IN HER BUSINESS, STATED BY THE AO AS LORRY TRANSPORT CONSULTANCY. BY GIVING CREDIT TO THE ABO VE AMOUNT, THE BALANCE AMOUNT WAS TREATED AS UNEXPLAINED INVESTM ENT U/S. 69 AND ADDED TO THE INCOME RETURNED. 3. BEFORE THE LD. CIT(A) IT WAS CONTENDED THAT ASSESSEE S ADDRESS HAS CHANGED AND NO NOTICES WERE RECEIVED AN D ASSESSEE HAS FILED LATER YEARS RETURNS IN THE NEW ADDRESS AN D HENCE REQUESTED THE CIT(A) TO GIVE AN OPPORTUNITY FOR EXPLAI NING THE CONTENTIONS. FURTHER, ASSESSEE ALSO SUBMITTED THAT MOST OF THE DEPOSITS IN THE BANK ACCOUNT ARE FOR THE PURPOSE OF INC REASING THE REGULAR TRANSACTIONS IN THE BANK ACCOUNT SO AS TO OBTAI N BANK LOAN FOR ASSESSEES BUSINESS. IT WAS SUBMITTED THAT THERE ARE REPEATED CASH TRANSACTIONS OF DEPOSITS AND WITHDRAWALS AND THE E NTIRE AMOUNT IS NOT ASSESSEES TURNOVER OR ASSESSEES UNEXP LAINED INVESTMENT. LD. CIT(A) HOWEVER, DID NOT AGREE WITH EITH ER OF THE CONTENTIONS AND DISMISSED THE APPEAL. 4. BEFORE US, LD. COUNSEL SUBMITTED THAT ASSESSEE HAS F ILED SUBSEQUENT RETURN IN THE NEW ADDRESS AND WAS NOT AWARE THAT THIS YEARS RETURN WAS SELECTED FOR SCRUTINY. IT WAS FURTHE R SUBMITTED THAT THE ADDRESS GIVEN IN THE BANK ACCOUNT IS THE NEW AD DRESS, BUT THE AO STILL SERVED THE NOTICES ON THE OLD ADDRESS GIVEN IN THE RETURN OF INCOME. SINCE ASSESSEE DID NOT GET ADEQUATE OPPORTUNITY IN EXPLAINING THE TRANSACTIONS, IT WAS PRAYED THAT THE M ATTER MAY BE RESTORED TO THE FILE OF THE AO FOR GIVING AN OPPORTUN ITY TO ASSESSEE TO EXPLAIN THE BANK TRANSACTIONS. IT WAS FURTH ER SUBMITTED THAT ASSESSEE IS NOT HAVING LORRY TRANSPORT BUSI NESS BUT BORE-WELL DRILLING BUSINESS. I.T.A. NO. 826/HYD/2015 GOKULA BHAGYA LAXMI :- 3 -: 5. LD. DR HAS NO OBJECTION IF THE MATTER IS SET ASIDE TO THE FILE OF AO. 6. HAVING CONSIDERED THE RIVAL CONTENTIONS AND PERUSIN G THE ORDERS OF THE AUTHORITIES, I AM OF THE OPINION THAT ASSES SEE SHOULD BE GIVEN ONE MORE OPPORTUNITY TO EXPLAIN THE TRANSACTION S IN THE BANK ACCOUNT. AS SEEN FROM THE COPY OF THE BANK ACCOU NT PLACED ON RECORD, THE ADDRESS STATED THEREIN IN FACT IS THE NE W ADDRESS, WHEREAS THE AO WENT ON TO SERVE THE NOTICES TO THE OLD ADD RESS GIVEN IN THE RETURN. BE THAT AS IT MAY, I AM OF THE OPI NION THAT ASSESSEE CAN BE GIVEN ONE MORE OPPORTUNITY. IN VIEW OF THAT, THE ORDERS OF AO AND CIT(A) ARE SET ASIDE WITH A DIRECTION TO THE AO TO SERVE THE NOTICES ON THE NEW ADDRESS OF ASSESSEE AND GET PROPER EXPLANATION FROM ASSESSEE AND COMPLETE THE ASSESSMENT PROCEEDINGS AS PER FACTS AND LAW. ASSESSEES GROUND S ARE ALLOWED FOR STATISTICAL PURPOSES. 7. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR S TATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH JUNE, 2016 SD/- (B. RAMAKOTAIAH) ACCOUNTANT MEMBER HYDERABAD, DATED 30 TH JUNE, 2016 TNMM I.T.A. NO. 826/HYD/2015 GOKULA BHAGYA LAXMI :- 4 -: COPY TO : 1. GOKULA BHAGYA LAXMI, HYDERABAD. C/O. BRIJ GOPAL GILADA & CO., 5-9-191, 302, 3 RD FLOOR, BRINDAVAN COMMERCIAL COMPLEX, CHIRAG ALI LANE, ABIDS, HYDERAB AD. 2. INCOME TAX OFFICER, WARD-9(3), HYDERABAD. 3. COMMISSIONER OF INCOME TAX(APPEALS)-VII, HYDERAB AD 4. THE COMMISSIONER OF INCOME TAX-VII, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.