Gharonda Builders & Developers, Hyderabad V. Asst. Commissioner of Income Tax, Circle-4(1), Hyderabad

ITA 917/Hyd/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7383 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 01-06-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 10-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N ESTHER
• Assessee Lawyers: S RAMA RAO
• Section: 143(3); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH A HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER I.T.A. NO. 9 17 /HYD./201 8 A .Y : 20 13 - 14 M/S GHARONDA BUILDERS & DEVELOPERS VS. ACIT, 3 - 6 - 175, HYDERGUDA CIRCLE 4(1) HYDERABAD 500 029 HYDERABAD [PAN: AAC FG0392F ] (APPELLANT) (RESPONDENT) FOR ASSESSEE: SHRI S. RAMA RAO, C.A. FOR REVENUE: S MT. N. ESTHER, D.R. DATE OF HEARING : 01 /06/ 2021 DATE OF PRONOUNCEMENT : 17 /0 8 /2021 O R D E R PER S.S. GODARA, J.M. TH IS ASSESSEES APPEAL FOR A.Y. 20 13 - 14 A RISE S AGAINST THE CIT( A) - 1, HYDERABADS ORDER DATED 15.12.2017 PASSED IN CASE NO. 011 1 /201 7 - 18 , INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 [ IN SHORT THE ACT ]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. ITA NO. 917/HYD/2018 AY: 2013 - 14 M/S GHARONDA BUILDERS & DEVELOPERS, HYD. 2 2. AT THE OUTSET IT IS SEEN THAT THE APPEA L IS FILED WITH A DELAY OF 11 DAYS FOR WHICH ASSESSEE HAS FILED AFFIDAVIT STATING DUE TO HIS ILL HEALTH AND HOSPITALISATION OF THE MANAGING PARTNER, THE DELAY OCCURRED AND PRAYED FOR CONDONATION OF THE DELAY . BEING SATISFIED THAT THIS DELAY IN FILING TH E APPEAL IS NEITHER INTENTIONAL NOR WILFUL, WE CONDONE THE SAME AND PROCEED WITH THE APPEAL. 3. MR.RAMA RAO IS VERY FAIR AT THE OUTSET IN NOT PRESSING FOR THE ASSESSEES FIRST AND FOREMOST SUBSTANTIVE GRIEVANCE CHALLENGING SEC.43(B) DISALLOWANCE OF RS.3, 38,855/ - , KEEPING IN MIND SMALLNESS OF THE AMOUNT INVOLVED. REJECTED ACCORDINGLY. 4. NEXT COMES THE LATTER ISSUE OF CORRECTNESS OF BOTH LOWER AUTHORITIES ACTION ADDING ASSESSEES ADVANCES FROM CUSTOMERS TO THE TUNE OF RS.1,29,75,485/ - . 4.1. LEARNED COU NSELS ONLY CASE IS THAT THE VERY SUM HAD BEEN RECORDED AS CURRENT LIABILITIES WHICH STANDS DULY ASSESSED IN SUBSEQUENT AYS. 4.2. LEARNED DRS ARGUMENT ON THE OTHER HAND IS THAT THE ASSESSEES FOREGOING DOUBLE ADDITION PLEA HAS BEEN RAISED FOR THE FIRST TIME IN SECOND APPELLATE PROCEEDINGS ONLY WHICH REQUIRES FACTUAL VERIFICATION. HE HAS FURTHER SUPPORTED BOTH THE LOWER AUTHORITIES ACTION MAKING THE IMPUGNED ADDITION. 5. WE HAVE CONSIDERED R IVAL PLEADINGS AGAINST AND IN SUPPORT OF IMPUGNED ADVANCES FROM CUSTOMERS OF RS.1,29,75,485/ - . FACED WITH THE ISSUE OF DOUBLE ADDITION RAISED FOR THE FIRST TIME BEFORE US, WE DEEM IT PROPER TO RESTORE THE INSTANT ISSUE BACK TO THE ASSESSING OFFICER FOR A FRESH VERIFI CATION. THE ASSESSEE OR ITS AUTHORISED REPRESENTATIVE IS DIRECTED TO APPEAR BEFORE THE AO ON OR BEFORE 3 0 TH NOVEMBER , 2021 WITH ALL THE RELEVANT DETAILS TO THIS EFFECT; AT ITA NO. 917/HYD/2018 AY: 2013 - 14 M/S GHARONDA BUILDERS & DEVELOPERS, HYD. 3 ITS OWN RISK AND RESPONSIBILITY TO BE FOLLOWED BY THREE EFFECTIVE OPPOR TUNITIES OF HEARING. ORDERED ACCORDINGLY. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN OPEN COURT ON 17 TH AUGUST, 2021. SD/ - SD/ - (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 17 TH AUGUST, 2021. * GMV COPY OF THE ORDER FORWARDED TO: 1. M/S GHARONDA BUILDERS & DEVELOPERS, 3 - 6 - 175, HYDERGUDA, HYDERABAD 500 0 29 , TELANGANA. 2. A CIT, CIRCLE 4 ( 1 ), HYDERABAD 3. ACIT, RANGE 4, HYDERABAD. 4. CIT (A) - 1, HYDERABAD 5. PR.CIT - 1, HYDERABAD 6 . DR, ITAT, HYDERABAD. 7 . GUARD FILE.