Shankar Suddula , Mancherial V. Income Tax Officer, Ward-1, Mancherial

ITA 956/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1674 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 06-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROHIT MAJUMDAR
• Assessee Lawyers: UPADHYAY MAHENDER KUMAR
• Section: 201; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC - B BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO. 9 56 /HYD./201 9 ASSESSMENT YEAR: 20 1 4 - 15 SH. SHANKAR SUDDULA VS. ITO , WARD 1 MA N CHERIAL MANCHERIAL PAN: A XAPS1021L (APPELLANT) (RESPONDENT) FOR ASSESSEE : SH. UPADHYAY MAHENDER KUMAR , ADV. FOR REVENUE : SH. ROHIT MAJUMDAR, D.R. DATE OF HEARING : 07 / 12 /2020 DATE OF PRONOUNCEMENT : 11 / 12 /2020 O R D E R THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF CIT(A) - 12 , HYDERABAD DATED 15.02.2019 RELATING TO A.Y. 201 4 - 15 . THIS APPEAL WAS TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 07.12.2020 AND BOTH THE PARTIES WERE HEARD. 2. ON HEARING BOTH THE PARTIES AND ON GOING THROUGH THE ASSESSMENT ORDER AS WELL AS THE ORDER OF CIT(A), I FIND THAT THE ASSESSMENT AS WELL AS THE APPELLATE PROCEEDINGS ARE DECIDED EX - PARTE THE ASSESSEE FOR NON - APPEARANCE OF THE ASSESSEE. LD.COUNSEL FOR ASSE SSEE SUBMITTED THAT THE ASSESSEE HAS ALL RELEVANT MATERIAL BEFORE HIM AND IF GIVEN AN OPPORTUNITY, THE ASSESSEE WILL BE ABLE TO SATISFY THE AO ABOUT THE SOURCES OF CASH CREDITS MADE INTO BANK ACCOUNT. IN SUPPORT OF HIS CONTENTIONS , HE PLACED BEFORE US COPIES OF PATTADAR PASS BOOK, SALE DEED FOR SALE OF AGRICULTURAL LAND AND COPIES OF SURRENDER OF LIFE I NSURANCE P OLICY FROM ALL OF WHICH CASH DEPOSITS WERE MADE. ITA NO. 9 56 /HYD./201 9 SH. SHANKAR SUDDULA A.Y. 20 1 4 - 1 5 2 TAKING THE SAME INTO CONSIDERATION, I DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FIL E OF A.O. WITH A DIRECTION TO VERIFY THE SAID EVIDENCE S AND IF HE FINDS THE EVIDENCE S TO BE SATISFACTORY, THEN NO ADDITION U/S 68 OF THE ACT SHALL BE MADE. THIS REMAND IS ONLY FOR THE LIMITED PURPOSE OF VERIFICATION OF EVIDENCE FILED BY THE ASSESSEE. 3 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 11 /12/ 2020. SD/ - (P. MADHAVI DEVI) JUDICIAL MEMBER DATED: 11 TH DECEMBER, 2020 GMV COPY OF ORDER FORWARDED TO: 1. SH. SHANKAR SUDDULA , C/O SRI MAHENDER KUMAR UPADHYAY, INCOME TAX PRACTITIONER, H.NO. 10 - 290, NEAR MUNICIPAL OFFICE, MANCHERIAL, TELANGANA . 2. ITO , WARD 1, MANCHERIAL . 3. ACIT, KARIMNAGAR 4 . CIT( A ) - 12 , HYDERABAD. 5 . PR.CIT - 2, HYDERABAD 6 D.R. ITAT HYDERABAD 7 . GUARD FI LE