Sri Lakshmi Mannam , Hyderabad V. Income Tax Officer, Ward-6(1), Hyderabad

ITA 913/Hyd/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5909 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 29-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MOOKAMBI KEYAN S
• Section: 69C; 143(3); 54F; 201

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.913/HYD/2019 ASSESSMENT YEAR: 2015 - 16 SMT. SRI LAKSHMI MANNAM, 6 - 3 - 787, FLAT NO.815, ROYAL PAVILION LANE, OPP. BIG BAZAR, AMEERPET, HYDERABAD. PAN: BWLPM 4941 G VS. INCOME TAX OFFICER, WARD - 6(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SRI MOOKAMBIKEYAN S - DR DATE OF HEARING: 20 /09/2019 DATE OF PRONOUNCEMENT: 20 /09/2019 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 6 , HYDERABAD DATED 29/03/2019 IN APPEAL NO. 10105/2017 - 18/A3/CIT(A)/6 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE ASST. YEAR 201 5 - 16 . 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - 1. THE ORDER OF THE APPELLATE COMMISSIONER IS CONTRARY TO LAW, FACTS AND CIRCUMSTANCES OF THE CASE. 2. THE APPELLATE COMMISSIONER ERRED IN CONFIRMING THE ADDITION OF RS. 2,40,00,000/ - BEING DENIAL OF EXEMPTION U/S. 54F OF THE INCOME TAX ACT. 2 3. THE APPELLATE COMMISSIONER ERRED IN DENYING THE EXEMPTION U/S. 54F, IGNORING THE FAC T THAT U/S. 54F BEING A BENEFICIAL SECTION, A LIBERAL INTERPRETATION HAS TO BE TAKEN. 4. THE APPELLATE COMMISSIONER ERRED IN CONFIRMING IN ADDITION OF RS. 5,40,620/ - BEING THE ADDITION MADE BY THE A.O. U/S. 69C OF THE INCOME TAX ACT. 5. ANY OTHER GROUND OR GROUNDS WHICH THE APPELLANT MAY URGE EITHER AT OR BEFORE THE DATE OF HEARING. 2. AT THE OUTSET, WE OBSERVED THAT THE ASSESSEE HAS NOT CURED THE DEFECT POINTED OUT BY THE REGISTRY. MOREOVER, WHEN THE NOTICE WAS ISSUED TO THE ASSESSEE AT THE ADDRESS GIV EN IN FORM NO. 36, THE SAME WAS RETURNED BY THE POSTAL AUTHORITIES UNSERVED WITH THE REMARK LEFT. FURTHER , ON THE DATE OF THE SUBSEQUENT HEARING ALSO I.E., ON 20 /09/2019 ALSO , NONE APPEARED ON BEHALF OF THE ASSESSEE BEFORE THE BENCH AND THE DEFECT S POINTED OUT BY THE REGISTRY WERE NO T CURED. THEREFORE, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER, 2019. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 20 TH SEPTEMBER , 2019 OKK 3 COPY TO: - 1) SMT. SRI LAKSHMI MANNAM, 6 - 3 - 787, FLAT NO. 815, ROYAL PAVILION LANE, OPP. BIG BAZAR, AMEERPET, HYDERABAD. 2) ITO, WARD - 6(1), 6 TH FLOOR, IT TOWERS, A.C. GUARDS, HYDERABAD. 3) THE CIT(A) - 6 , HYDERABAD 4) THE PR. CIT - , HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE