C.Sunil Krishna, Hyderabad V. Dy.CIT, Central Circle, Tirupathi

ITA 832/HYD/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 82307 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 05-05-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Assessee Lawyers: A V RAGHURAM
• Keywords: Search and seizure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B ', HYDERABAD BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO.828/HYD/14 : ASSESSMENT YEAR 2003 - 04 ITA NO.829/HYD/14 : ASSESSMENT YEAR 2004 - 05 ITA NO.830/HYD/14 : ASSESSMENT YEAR 2005 - 06 ITA NO.831/HYD/14 : ASSESSMENT YEAR 2006 - 07 ITA NO.832/HYD/14 : ASSESSMENT YEAR 2007 - 08 ITA NO.833/HYD/14 : ASSESSMENT YEA R 2008 - 09 ITA NO.834/HYD/14 : ASSESSMENT YEAR 2009 - 10 SHRI C.SUNIL KRISHNA, TIRUPATI (PAN - ABXPC 6780 D) V/S. DY. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE I, TIRUPATI (APPELLANT) (RESPONDENT) APPELLANT BY : S HRI A.V.,RAGHURAM RESPONDENT BY : SHRI KIRAN KATTA, DR DATE OF HEARING 08 .0 9 .2014 DATE OF PRONOUNCEMENT 10.09.2014 O R D E R PER BENCH : THESE SEVEN APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST A COMMON ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX(APPEALS) GUNTUR DATED 24.2.2014 FOR THE ASSESSMENT YEARS 2003 - 04 TO 2009 - 10. 2. THE ASSESSEE IN THE PRESENT CASE IS A N INDIVIDUAL, WHO I S CARRYING ON THE PROPRIETARY BU S IN E SS IN THE NAME AND STYLE OF M/S. GOPIKRISHNA OIL T R AD E RS. A SEARCH AND SEIZURE A C TION UNDER S.132 I TA NO. 828 TO 834 /H YD/201 4 S HRI C. SUNIL KRISHNA ,TIRUPATI 2 OF THE INCOME TAX ACT, 1961 WAS CON D U C TED ON 12.9.2009 IN THE CASES BELONGING TO OF CH.RAJAGO P AL G ROUP INCLUDING THE CASE OF THE ASSESSEE. SUB S EQU E NT TO THE SEA R CH, NOTICES UNDER S .153A WERE ISSUED BY THE ASSESSING OFFICER O N 16.9.2009 , IN RESP ONSE OF WHICH RETURNS OF INCOME FOR THE Y E ARS UNDER CON S I DE RATION WERE FIL E D BY THE ASSESSEE. DURIN G TH E COU R SE OF ASSESSMENT PROCEEDIN G S, THERE WAS , HO W EVER , NO RESPONSE ON THE PART OF THE ASSESSEE TO TH E NOTICES ISSUED BY THE ASSESSIN G OFFICER AND CON SE QUENTLY, THE ASSESSING OFFICER PROCEEDED TO COMPLETE THE ASSESSMENT S FOR ALL THE YEARS UNDER CON S I D ERATION UNDER S .144 READ WITH S.153A OF THE ACT. IN THE ASSESSMENTS SO COMPL E TED, ADDIT I ON S WERE MADE BY THE ASSESSING OFFICER TO THE TOTAL INCOME O F THE ASSESSEE MAINLY ON ACCOUNT OF UN E XPLAIN E D CASH CREDITS UNDER S.68, DISALLOWANCE OF TRANSPORT EXPENDITURE ETC. AND DISALLOWANCE OF LONG TERM CAPITAL LOSS. 3. AGAIN S T THE ORDERS PASSED BY THE ASSESSING OFFICER UNDER S.144 R E AD WITH S.153A OF THE ACT FOR AL L THE YE A RS UNDER CON S I D ERATION, APPEALS W E RE PREFERRED BY THE ASSESSEE BEFORE THE LEARNED CIT(A). AS M E NTION E D BY THE LEARNED CIT(A) IN THE IMPU G N E D ORDER, THE AUTHORISED R E PRESEN T ATIVE O F TH E ASSESSEE APP E ARED ONLY ONCE BEFORE HIM ON 3.2.2014 TO SEEK A SHORT ADJOURNMENT AND DESPITE THE M A TTER BEING ADJOU R N E D, NO FURTHER WRITTEN OR ORAL SUBMI S SION S WERE FILED. TH E R E FORE, T HE CIT(A) PROCEEDED TO DISPO S E OF F THE APPEALS OF THE ASSESSEE EX - PART E VIDE HIS COMMON APPELL A TE ORDER DATED 24.02.2014 , WHEREBY HE UPHELD THE VALIDITY O F THE ASSESSMENT S MADE BY TH E ASSESSING OFFICER AS WELL AS CONFIRMED ALL THE ADDITIONS MADE THEREIN TO THE TOTAL IN C OM E O F THE ASSESSEE. ACCOR D INGLY, THE APPEALS O F THE ASSESSEE FOR ALL THE SEVEN Y E ARS UNDER CON S I DE RATION WERE DISMISSED BY THE LEARNED I TA NO. 828 TO 834 /H YD/201 4 S HRI C. SUNIL KRISHNA ,TIRUPATI 3 CIT(A) BY COMMON APPELL A TE O R DER, WHICH IS IMPUGNED BY THE ASSESSEE IN THE PRESENT APPEALS FILED BEFORE THE TRIBU N AL. 4. W E HAVE HEARD THE ARGUM EN TS OF BOTH THE SID ES AND ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. AS SUBMI T TED BY THE LEARNED COUNSEL FOR THE ASSESSEE, A SHO R T ADJOU RN MENT WAS S OUGHT BY THE ASSESSEE OF THE H E ARING FIXED BEFORE THE LEARNED CIT(A) ON 3.2.2014 , AND ACCORDINGLY A FRESH DATE O F H E ARING WA S GIVEN BY THE LEARNED CIT(A) ON 24. 0 2.2014. HE HAS SUBMITTED THAT THE ASSESSEE ACCORDINGLY PREPARED WRITTEN SUBMISSION DATED 24.2.2014, BU T COULD NO T FIL E THE SAME, IN THE ABSENCE OF THE LEARNED CIT(A) IN HIS CAMP OFFICE. HE HAS SUBMI T TED THAT THE ASSES SEE THEREAFTER RECEIVED THE IMPU G N E D ORDER FROM THE LEARNED CIT(A) PASSED ON 24.02.2014 DISMISSING THE APPEALS OF THE ASSESSEE FOR WANT OF ANY WRITTEN OR ORAL SUBMISSIONS MADE BEFORE HIM. HE HAS CONTENDED THAT THE LEARNED CIT(A) THUS HAS DISMISSED THE APP EALS O F THE ASSESSEE FILED BEFORE HIM, WITHOUT GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEIN G HEARD AND T HIS POSITION CLEARLY APP A RENT FROM THE IMPUGNED ORDER OF THE LEARNED CIT(A) IS NO T DISPUTED BY THE LEARNED DEPARTMENTAL REPRESENTATIVE. TH ` E LEARNE D DEPARTMENTAL REPRESENTATIVE HOWEVER HAS CONTENDED THAT THE SE MATTERS SHOULD B E SENT BACK TO THE LEARNED CIT(A) FOR DISPOSING OFF THE APPEALS O F THE ASSESSEE ON M E RITS AFTER GIVING THE ASSESSEE ON E MORE OPPORTUNITY O F BEIN G H E ARD AND THE ASSESSEE MAY ALSO B E DIRECTED TO APP E AR BEFORE THE LEARNED CIT(A) AND EXTEND ALL THE COOP ERA TION TO THE LEARNED CIT(A) FOR DISPOSING OF HIS APPEALS EXPEDITIOUSLY. AS THE LEARNED COUNSEL FOR THE ASSESSEE HAS NO OBJ E CTION IN THIS R E GARD, WE SET ASIDE THE IMPU G N E D ORDER O F T H E CIT(A) AND REMIT THE SE MAT T ER S B A CK TO HIM FOR DISPOSING OFF THE APPEALS OF THE ASSESSEE ON MERITS, AFTER GIVING PROPER AND SUFFICIENT OPPORT U NITY OF B E IN G H E ARD TO THE ASSESSEE . AS UNDER TAKEN BY THE LEARNED COUNSEL FOR THE I TA NO. 828 TO 834 /H YD/201 4 S HRI C. SUNIL KRISHNA ,TIRUPATI 4 ASSESSEE, THE ASSESSEE SHAL L E XTEND ALL TH E COOPERATION TO THE LEARNED CIT(A) FOR DISPOSING OFF THESE APPEALS EXPEDITIOUSLY. 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 10 TH SEPT EMBER, 2014 SD/ - SD/ - ( SAKTIJIT DEY ) ( P.M.JAGTAP ) JUDICIAL MEMBER ACCOUNTANT MEMBER DT/ - 10 TH SEPTEMBER, 2014 COPY FORWARDED TO: 1. SHRI C.SUNIL KRISHNA (TIRUPATI) C/O. SHRI K.VASANT KUMAR, A.V. RAGHU RAM, ADVOCATES, FLAT NO.610, 6TH FLOOR, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD - 1. 2 . DY. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE, TIRUPATI 3. 4. COMMISSIONER OF INCOME - TAX(APPEALS) GUNTUR COMMISSIONER OF INCOME - TAX CENTRAL, HYDERABAD 5 . DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S