Bhaskara Kameswari Tenneti , Hyderbad V. Asst. Commissioner of Income Tax, Circle-8(1), Hyderbad

ITA 989/Hyd/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7657 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 12-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Period of limitation; Time period of passing order
• Section: 143(3); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L . P . SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 989 /HYD/20 19 (ASSESSMENT YEAR : 20 15 - 16 ) S MT. BHASKARA KAMESWARI TENNETI, HYDERABAD. PAN APSPT 9968D ..APPELLANT. VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 8(1), HYDERABAD. ..RESPONDENT. APPELLANT BY : SHRI K.C. DEVDAS. RESPONDENT BY : SHRI ROHIT MAJUMDAR. (D.R.) DATE OF HEARING : 24.05. 2021. DATE OF PRONOUNCEMENT : 25 .0 8 .2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 2015 - 16 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 2, HYDERABAD S ORDER DT. 08.04 .2019 PASSED IN CASE NO. 2/10604/2017 - 18/CIT(A) - 2 IN PROCEEDINGS UNDER SECTION 143(3) OF INCOME TAX ACT, 1961 (THE ACT). 2 ITA NO. 989/HYD/2019 HEARD BOTH THE PARTIES . C ASE FILE PERU SED. 2. THE ASSESSEE HAS PLEADED THE FOLLOWING SUBSTANTIVE GROUNDS IN THE INSTANT APPEAL : 2. THE HONBLE CIT(A) DISMISSED THE APPEAL FOR NON - PROSECUTION WITHOUT ALLOWING PROPER OPPORTUNITY TO THE APPELLANT. 3. THE HONBLE CIT(A) OUGHT TO HAVE ALLOWED A REASONABLE OPPORTUNITY TO MAKE SUBMISSION WITH RECONCILIATION OF THE TURNOVER DECLARED. 4. THE HONBLE CIT(A) OUGHT TO HAVE NOTED THAT THE ASSESSEE COULD HAVE RECONCILED THE TURNOVER DECLARED WITH THE TURNOVER MENTIONED IN 26AS WITH THE SU PPORT OF AUDITED ACCOUNTED BOOKS. 5. THE HONBLE CIT(A) OUGHT TO HAVE DELETED THE ADDITION MADE BY THE ASSESSING OFFICER IN THE ABSENCE OF ANY SUPPORTING MATERIAL FOR MAKING ADDITION AND IN THE LIGHT OF THE FACT THAT THE RETURN OF INCOME WAS FILED ON THE BASIS OF AUDITED ACCOUNT BOOKS. 6. ANY OTHER GROUND WILL BE RAISED AT THE TIME OF HEARING. 3 ITA NO. 989/HYD/2019 3. BOTH THE LEARNED REPRESENTATIVES ARE IN UNISON DURING THE COURSE OF HEARING THAT THE INSTANT SALE ISSUE OF DIFFERENCE IN ASSESSEE'S P & L ACCOUNT AN D FORM 28AS TO THE TUNE OF RS.2,69,09,900 MORE INVOLVES RECONCILIATION THAN A NY SUBSTANTIVE ADJUDICATION AT OUR BEHEST. WE THEREFORE RESTORE THE SAME BACK TO THE ASSESSING OFFICER FOR HIS NECESSARY AFRESH FACTUAL VERIFICATION AS PER LAW WITHIN THREE EFF ECTIVE OPPORTUNITIES OF HEARING. 4. WE LASTLY ACKNOWLEDGE THAT ALTHOUGH THE INSTANT APPEALS ARE BEING DECIDED AFTER A PERIOD OF 90 DAYS FROM THE DATE OF HEARING AS PER RULE 34(5) OF THE IT(AT) RULES 1963, THE SAME HOWEVER, DOES NOT APPLY IN THE COVID LO CKDOWN SITUATION AS PER HON'BLE APEX COURT'S RECENT DIRECTIONS DATED 27 - 04 - 2021 IN M.A.NO.665/2021 IN SM(W)C NO.3/2020 'IN RE COGNIZANCE FOR EXTENSION OF LIMITATION' MAKING IT CLEAR THAT IN SUCH CASES WHERE THE LIMITATION PERIOD (INCLUDING THAT PRESCRIBED FOR INSTITUTION AS WELL AS TERMINATION) SHALL STAND EXCLUDED FROM 14TH OF MARCH, 2021 TILL FURTHER ORDERS. 4 ITA NO. 989/HYD/2019 5 . THIS ASSESSEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 25TH AUGUST , 2021. SD/ - SD/ - (L .P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 25 .0 8 .2021. * REDDY GP COPY TO : 1. SMT. BHASKARA KAMESWARI TENNETI, 906/55T, 310, MALLIKARJUNA RESIDENCY, BEERAMGUDA,AMEENPUR, HYDERABAD - 502032 2. ACIT, CIRCLE 8(1),HYDERABAD. 3. PR. C I T - 2 , HYDERABAD. 4. CIT(APPEALS) - 2, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.