Prime Access Tecnhnologies Limited , Hyderabad V. Income Tax Officer, Ward-16(1), Hyderabad

ITA 865/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5407 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2014-2015
• Appeal Filed On: 23-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M NARMADA
• Section: 143(3); 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH : HYDERABAD (THROUGH VIDEO CONFERENCING ) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 865 /HYD./201 9 A.Y. 2014 - 15 M/S PRIME ACCESS TECHNOLOGIES LIMITED VS. ITO, WARD 16 ( 1 ) HYDERABAD HYDERABAD PAN: AA DCP9367P (APPELLANT) (RESPONDENT) FOR ASSESSEE : MR. MOHD. AFZAL, ADV. FOR REVENUE : S MT. M. NARMADA, D. R. DATE OF HEARING : 17 /0 9 /2020 DATE OF PRONOUNCEMENT 30 / 0 9 /2020 O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF LD.CIT (A) - 4 , HYDERABAD DATED 28.02.2019 FOR THE A.Y. 2014 - 15. THIS APPEAL HAS BEEN TA KEN UP FOR HEARING THROUGH VIDEO CONFERENCING ON 17.09.2020 AND BOTH THE PARTIES WERE HEARD. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A COMPANY AND FILED ITS RETURN OF INCOME ELECTRONICALLY ON 30.11.2014 ADMITTING TOTAL INCOME OF RS. 47,09,320/ - UNDER THE NORMAL PROVISIONS AND BOOK PROFIT OF RS. 43,13,648/ - U/S 115 JB OF THE I.T.ACT , 1961. DURING THE ASSESSMENT PROCEEDINGS U/S 143(3) OF THE ACT, THE AO CALLED FOR CERTAIN DETAILS. HOWEVER, ITA NO. 865 /HYD/201 9 AY 2014 - 15 M/S PRIME ACCESS TECHNOLOGIES LIMITED, HYDERABAD 2 ASSESSEE DID NOT APPEAR , NOR DID HE FILE ANY DETAILS, THEREFORE, THE AO COMPLETED THE ASSESSMENT U/S 144 OF THE I.T. ACT, 1961. THEREAFTER , AS SESSEE FILED AN APPEAL BEFORE THE CIT(A) , BUT DID NOT APPEAR BEFORE HIM, THOUGH NOTICE S OF HEARING WERE ISSUED TO HIM ON 16.11.2018, 2 5 .01.2019 AND 19. 02. 2019 . T HEREFORE THE CIT(A) CONFIRMED THE ORDER OF THE AO. 2.1 . AGGRIEVED, A SSESSEE IS IN APPE AL BEFORE US BY RAISING THE FOLLOWING GROUNDS OF APPEAL. 1) T HE ORDER OF THE LD.CIT(A) IS AGAINST THE LAW, WEIGHT OF EVIDENCE AND PROBABILITIES OF THE CASE. 2) T HE LD.CIT(A) ERRED IN CONFIRMING AN ADDITION OF RS. 1,24,52,194/ - MADE U/S 6 8 OF THE I.T. ACT . 3) THE LD.CIT(A) ERRED IN CONFIRMING AN ADDITION OF RS. 11,28,712/ - WITHOUT APPRECIATING THE FACT THE SAME IS PAID BEFORE THE DUE DATE OF FILING OF THE RETURN. 4) THE LD.CIT(A) OUGHT TO HAVE ACCORDED ONE MORE OPPORTUNITY TO PRESENT THE CAS E. 5) THE LD.CIT(A) OUGHT TO HAVE A PPRECIATED THAT THE AMOUNT OF RS.1,24,52,194/ - WAS RECEIVED FROM 6 PERSONS BY WAY OF CHEQUES, THEREFORE, THE SAME SHOULD HAVE BEEN EXAMINED IN THE HANDS OF LOAN CREDITORS. 6) THE APPELLANT CRAVES LEAVE TO ADD, AMEND OR MODIFY THE ABOVE GROUNDS OF APPEAL EITHER BEFORE OR AT THE TIME OF HEARING OF THE APPEAL, IF IT IS CONSIDERED NECESSARY. 3 . LD. COUNSEL FOR THE ASSESSEE PRAYED FOR AN OPPORTUNITY TO PRESENT HIS CASE BEFORE THE AUTHORITIES BELOW. 4. HAVING REGARD TO RIVAL CONTENTIONS AND MATERIAL PLACED ON RECORD, WE FIND THAT BOTH THE AO AND THE CIT(A) ORDERS ARE EX - PARTE THE ASSESSEE . THEREFORE, PURELY IN THE INTEREST OF JUSTICE , WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF AO WITH A DIRECTION THAT THE ASSESSEE SHALL APPEAR BEFORE THE AO AND COOPERATE FOR EARLY COMPLETION OF THE ASSESSMENT. ITA NO. 865 /HYD/201 9 AY 2014 - 15 M/S PRIME ACCESS TECHNOLOGIES LIMITED, HYDERABAD 3 AO IS DIRECTED TO ALLOW THE ASSESSEE TO FILE THE RELEVANT INFORMATION AND TO COMPLETE THE ASSESSMENT DE - NOVO , AFTER GIVING THE ASSESSEE AN OPPORTUNITY OF HEARING . 5. I N THE RESULT, ASSESSEES APPEAL IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 30 TH SEPTEMBER, 2020. SD/ - SD / - (A. MOHAN ALANKAMONY) (P. MADHAVI DEVI) ACCOUNTANT M EMBER JUDICIAL MEMBER DATED: 30 TH SEPTEMBER, 2020 . *GMV COPY FORWARDED TO: 1. M/S PRIME ACCESS TECHNOLOGIES LIMITED, C/O SRI MOHD. AFZAL, ADVOCATE, 11 - 5 - 465, SHERSONS RESIDECY, FLAT NO.402, FOURTH FLOOR, CRIMINAL COUR T ROAD, RED HILLS, HYDERABAD 500 0 04 , TELANGANA. 2. ITO, WARD 16(1), HYDERABAD. /ACIT, RANGE 16, HYDERABAD 3. PR. CIT - 4 , HYDERABAD . 4. DR, ITAT, HYDERABAD. 5 . GUARD FILE.