Appeal details
Counselvise Citation
[2021] 109 COUNSELVISE.COM (IT) 6631 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 8 month(s) 4 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
29-01-2021
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
DB-A
Next Hearing Date
20-01-2021
Assessment Year
2012-2013
Appeal Filed On
25-05-2017
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH A HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI S ATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 912/H YD./ 201 7 A.Y. : 20 12 - 13 M/S BRILLIANT INDUSTRIES PVT.LTD. VS. DY.CIT HYDERABAD CIRCLE 1(2) HYDERABAD. [PAN: AAACB7874L ] (APPELLANT) (RESPONDENT) FOR ASSESSEE: SRI K.K. GUPTA, ADV. FOR REVENUE: SRI SUNIL KUMAR PANDEY, D.R. DATE OF HEARING : 20/01/2021 DATE OF PRONOUNCEMENT : 29 /01/2021 O R D E R PER BENCH THIS ASSESSEES APPEAL FOR A.Y. 20 12 - 13 ARISES FROM COMMISSIONER OF INCOME TAX (APPEALS) - I [CIT(A) IN SHORT] HYDERABADS ORDER DATED 20.03.2017 IN CASE NO. 25/2016 - 17 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD B OTH THE PARTIES. CASE FILE PERUSED. 2. THE SHORT AND PRECISE SOLITARY ISSUE THAT REQUIRES OUR APT ADJUDICATION IN THE INSTANT APPEAL IS THAT OF THE CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION ADDING AN AMOUNT OF RS.31,28,419/ - IN ASSESSEES HANDS AS UNEXPLAINED IN THE COURSE OF ASSESSMENT AS UPHELD IN THE CIT(A)S ORDER. WE NOTICE FROM A PERUSAL OF PAGE 5 ONWARDS IN ASSESSEES PAPER BOOK THAT ITA NO. 912 / HYD/ 1 7 AY : 20 12 - 13 M/S BRILLIANT INDUSTRIES PVT.LTD. 2 THIS AMOUNT IS ONLY A PORTION OF TOTAL CREDITS OF RS.1,29,25,000/ - PERTAINING TO THE RELEVANT P REVIOUS Y EAR INVOLVING MANY PARTIES . THE ASSESSEE H AD PLACED THEIR CONFIRMATIONS ON RECORD BEFORE THE ASSESSING OFFICER. IT IS THEREFORE NOT CLEAR AS TO REGARDING WHICH PARTY THE ASSESSING OFFICER HAS MADE THE IMPUGNED ADDITION. IN THIS PECULIAR FACTUAL POSITION, WE DEEM IT APPROPRIATE TO RESTORE THE I NSTANT ISSUE BACK TO THE ASSESSING OFFICER FOR HIS AFRESH FACTUAL VERIFICATION WITHIN THREE EFFECTIVE HEARINGS AT ASSESSEES RISK AND RESPONSIBILITY ONLY . THE ASSESSEE OR ITS A UTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE ASSESSING OFFICER ON OR BEFORE 30 TH JUNE, 2021 WITH A COPY OF THIS ORDER FOR CONSEQUENTIAL PROCEEDINGS. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN OPEN COURT ON 29 TH JANUARY, 2021. SD/ - SD/ - (LAXMI PRASAD SAHU) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 29 TH JANUARY, 2021. * GMV COPY OF THE ORDER FORWARDED TO: 1. M/S BRILLIANT INDUSTRIES LTD., 6 - 2 - 1012, 5 TH FLOOR, TGV MANSION, KHAIRATABAD, HYDERABAD 500 004 . 2. DY.CIT, CIRCLE 1(2), HYDERABAD. 3. CIT(A) - I, HYDERABAD. 5. PR.CIT - 1, HYDERABAD 6. DR, ITAT, HYDERABAD. 7. GUARD FILE.
