Shanti Ravindar, Hyderabad V. Income Tax Officer, Ward-10(5), Hyderabad

ITA 861/Hyd/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3041 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 25-02-2019
• Assessment Year: 2011-2012
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEEJU GUPTA
• Assessee Lawyers: M CHANDRAMOULESWARA RAO
• Keywords: Unexplained investment; Opportunity of being heard

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE S MT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S . RIFAUR RAHMAN , ACCOUNTANT MEMBER ITA NO. 8 61 /H YD/201 8 ASSESSMENT YEAR: 20 11 - 12 SHA NTI RAVINDAR , HYDERABAD. PAN A LBPR 1991 D VS. INCOME - TAX OFFICER, WARD 1 0 ( 5 ) , HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI M. CHANDRAMOULESWARA RAO REVENUE BY : S MT. NEEJU GUPTA DATE OF HEARING : 25 - 0 2 - 201 9 DATE OF PRONOUNCEMENT : 27 - 0 2 - 201 9 O R D E R PER S . RIFAUR RAHMAN, A .M.: TH IS APPEAL FILED BY ASSESSEE IS DIRECTED AGAINST THE ORDER O F CIT(A) 6 , HYDERABAD, DATED 31 / 01 /201 8 FOR AY 20 11 - 12 . 2. BRIEF FACTS OF THE CASE ARE THAT ASSESSEE , FILED HER RETURN OF INCOME ON 29 / 07 /20 11 FOR AY 20 11 - 12 ADMITTING A TOTAL INCOME OF RS. 1 , 60 , 94 0 / - . SUBSEQUENTLY, THE CASE WAS CONVERTED INTO SCRUTINY AND ACCO RDINGLY, NOTICE U/S 143(2) WAS SERVED ON THE ASSESSEE ON 27/09/2012, AGAINST WHICH, THE ASSESSEE FILED THE REQUIRED INFORMATION. 2.1 THE AO COMPLETED THE ASSESSMENT BY DETERMINING THE INCOME OF THE ASSESSEE AT RS. 24,91,91,434/ - BY MAKING THE FOLLOWING AD DITIONS: 1. RS. 8,30,878/ - TOWARDS LONG TERM CAPITAL GAINS 2. RS. 14,84,800/ - TOWARDS UNEXPLAINED INVESTMENT. 2 ITA NO . 861 /HYD/201 8 SHA NTI RAVINDAR, HYD. . 3. AGGRIEVED BY THE ORDER OF AO, THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A). 4. THE CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE BY O BSERVING THAT TH OUGH SUFFICIENT OPPORTUNITIES GIVEN TO ASSESSEE, THE ASSESSEE DID NOT APPEAR FOR ANY HEARING AFTER DUE SERVICE OF NOTICES , HENCE, NOT INTERESTED IN PURSUING THE APPEAL. 5. AGGRIEVED BY THE ORDER OF CIT(A), THE ASSESSEE IS IN APPEAL BEFORE US. 6. IN THE GROUNDS OF APPEAL, THE ASSESSEE SUBMITTED THAT THE CIT(A) DISMISSED THE APPEAL IN - LIMINE FOR NON - PROSECUTION OF APPEAL AND ALSO DISMISSED THE APPEAL WITHOUT ADJUDICATING THE GROUNDS ON MERITS. 7. REFERRING TO THE GROUNDS OF APPEAL, LD. AR SUBMITTED THAT THE LEARNED CIT(A) DECIDED THE MATTER EX - PARTE AND, THEREFORE, IN THE INTEREST OF JUSTICE, THE MATTER MAY BE RESTORED TO THE FILE OF CIT(A) FOR DECIDING VARIOUS GROUNDS OF APPEAL ON MERITS. THE LE ARNED DR OBJECTED TO THE AFORESAID STATEMENT OF THE LEARNED AR. 8 . CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE ARE OF THE VIEW THAT INTEREST OF JUSTICE WILL BE SERVED IF THE MATTER IS RESTORED TO THE FILE OF FIRST APPELLATE AUT HORITY FOR DECIDING VARIOUS GROUNDS OF APPEAL OF THE ASSESSEE ON MERITS. ACCORDINGLY, THE CIT(A) IS DIRECTED TO AFFORD REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND THEREAFTER DECIDE THE APPEAL ON MERITS. 3 ITA NO . 861 /HYD/201 8 SHA NTI RAVINDAR, HYD. . 9 . IN THE RESULT, THE APPEAL FILED B Y THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 27 TH FEBRUARY , 201 9. SD/ - SD/ - ( P. MADHAVI DEVI ) (S . RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 27 TH FEBRUARY, 2 01 9. KV COPY TO: - 1) SMT. SHANTI RAVINDAR, D.NO. 5/5/, SHIV ARUN COLONY, WEST MAREDPALLY, SECUN DERABAD 500 0 26 2) I T O , WARD 10(5), HYDERABAD. 3) CIT(A) 6 , HYDERABAD. 4) PR. CIT - 6 , HYD . 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE