Dhiraj Kumar Khetan, Adilabad V. Income Tax Officer, Ward-1, Adilabad

ITA 860/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1417 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 25-05-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 23-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROHIT MAJUMDAR
• Keywords: Unexplained cash credit
• Section: 143(3); 250; 201; 48; 13; 68; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L . P . SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 860 /HYD/20 19 (ASSESSMENT YEAR : 20 13 - 14 ) SHRI DHEERAJ KUMAR KHETAN, ADILABAD. PAN AAWPK 2634C ..APPELLANT. VS. INCOME TAX OFFICER, WARD 1, ADILABAD . ..RESPONDENT. ITA NO S . 861 & 862 /HYD/20 19 (ASSESSMENT YEAR : 2013 - 14 ) SHRI MAHESH KUMAR KHETAN, ADILABAD. PAN AAWPK 2620E 2. SHRI VIKRANT KUMAR KHETAN, ADILABAD. PAN AAWPK 2621E ..APPELLANT S . VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1, NIZAMABAD . .. RESPONDENT. APPELLANT S BY : NONE. RESPONDENT BY : SHRI ROHIT MAJUMDAR (D.R.) DATE OF HEARING : 25.05. 2021. DATE OF PRONOUNCEMENT : 18. 0 6 .2021. O R D E R PER SHRI S.S. GODARA, J.M. : TH E S E THREE ASSESSEES APPEAL S FOR ASST. YEAR 201 3 - 14 ARISE AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS) - 1, 2 ITA NO S . 860 TO 862/HYD/2019 HYDERABAD S ORDER S; ALL DT. 28.03.2019 PASSED IN CASE NOS.0058/2016 - 17/ITO, WARD - 1,ADILABAD/CIT(A) - 1/ HYD /2018 - 19; 0059/2016 - 17/ACIT, CIRCLE - 1, NIZAMABAD / CIT(A) - 1/HYD/201 8 - 19 & 0060/2016 - 17/ACIT, CIR - 1, NIZAMABAD/CIT(A) - 1/HYD/2018 - 19 , INVOLVING PROCEEDINGS U/S. 143(3) OF INCOME TAX ACT, 1961 (THE ACT) RESPECTIVELY . CASE S CALLED TWICE. NONE APPEARED AT ASSESSEE'S BEH EST . ALL OF THEM ARE ACCORDINGLY PROCEEDED EXPARTE. 2. WITH THE ABLE ASSISTANCE COMING FROM THE REVENUE SIDE THAT THE CIT(A)S IDENTICAL ORDERS HEREIN HAVE AFFIRMED THE CORRESPONDING ASSESSMENT FINDING MAKING ADDITION U/S. 68 OF THE ACT AS UNEXPLAINED CASH CREDIT S OF RS.4,72,41,341 ; RS. 4,72,41, 340 AND RS.4,54,91,66 1 , RESPECTIVELY BY PLACING RELIANCE ON HONBLE APEX COURT DECISION IN PCIT VS. NRI IRON AND STEELS PVT. LTD. (2019) 103 TAXMAN.COM 48 (SC) THAT MERE FILING OF DOCUMENTARY EVIDENCE DOES NOT PR OVE GENUINENESS /CREDITWORTHINESS THEREOF . 3. MR. MAJUMDAR VEHEMENTLY CONTENDED DURING THE COURSE OF HEARING THAT THE CIT(A) HAS RIGHTLY CONFIRMED THE 3 ITA NO S . 860 TO 862/HYD/2019 IMPUGNED ADDITION(S) OF UNEXPLAINED CASH CREDIT S EACH IN THE INSTANT THREE APPEALS. HE INVITED OUR ATTENTION TO PARA 6 OF THE CIT(A)S DETAILED DISCUSSION PLACING RELIANCE ON HONBLE APEX COURT FOREGOING DECISION ONLY. WE SEE NO MERIT TO ACCEPT THE SAME AT THIS STAGE SINCE THE ASSESSEES PLEA; ALL ALONG , HAS BEEN THAT THE SOURCE OF CREDIT IS IN FACT A PARTNERSHIP FIRM ONLY WHICH ALREADY ASSESSED QUA THE IMPUGNED SUM(S). L EARNED DEPARTMENTAL REPRESENTATIVE FAILED TO REBUT THE CLINCHING FACT THAT THE CIT(A)S DETAILED DISCUSSION HAS NOWHERE FRAMED EITHER THE POINTS OF DETERMINATION OR ANY DETAILED ADJU DICATION THEREUPON AS REQUIRED U/S. 250 (6) OF THE ACT. FACED WITH THIS SITUATION, WE DEEM IT APPROPRIATE TO RESTORE THE ASSESSEES INSTANT THREE APPEALS BACK TO THE CIT(A) FOR HIS AFRESH ADJUDICATION AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEAR ING. ORDERED ACCORDINGLY. 4 ITA NO S . 860 TO 862/HYD/2019 4. THESE APPEALS OF ASSESSEES ARE ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 18TH JUNE , 2021. SD/ - SD/ - (L .P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 18. 0 6 .2021. * REDDY GP COPY TO : 1. I ) SHRI DHEERAJ KUMAR KHETAN, 4 - 3 - 18/56, AMBEDKAR CHOWK, ADILABAD, TELANGANA. II) SHRI MAHESH KUMAR KHETAN, AMBEDKAR CHOWK, ADILABAD. III) S HRI VIKRANT KUMAR KHETAN, AMBEDKAR CHOWK, ADILABAD. 2. I) ITO, WARD - 1, ADILABAD. II) ACIT, CIRCLE 1, NIZAMABAD. III ) ACIT,CIR.1, NIZAMABAD. 3. PR. C I T - 5 , HYDERABAD. 4. CIT(APPEALS) - 1 HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.