I. Seshagiri Rao, Sec'bad, Hyderabad V. ACIT, Circle-4(1), Hyderabad, Hyderabad

ITA 994/Hyd/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5553 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2009-2010
• Appeal Filed On: 08-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T CHAITANYA KUMAR
• Keywords: Unexplained cash credit
• Section: 143(3); 201; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH B HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER I.T.A. NO. 994 /HYD./201 6 A .Y : 2009 - 10 S HRI I SESHAGIRI RAO VS. ACIT, HYDERABAD CIRCLE 4 (1) HYDERABAD [PAN: AACPI 5834Q ] (APPELLANT) (RESPONDENT) FOR ASSESSEE: SHRI T. CHAITANYA KUMAR, C.A. FOR REVENUE: S RI ROHIT MUJUMDAR, D.R. DATE OF HEARING : 17/06/ 2021 DATE OF PRONOUNCEMENT : 12 /0 7 /2021 O R D E R PER S.S. GODARA, J.M. TH IS ASSESSEES APPEAL FOR A.Y. 2009 - 10 A RISE S AGAINST THE CIT( A) - 1, HYDERABADS ORDER DATED 2 9.04. 201 3 PASSED IN CASE NO. 0110 /201 3 - 14/CIT(A) - 1, HYD/15 - 16 , INVOLVING PROCEEDINGS U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 [ IN SHORT THE ACT ]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. ITA NO. 994/HYD/16 AY 2009 - 10 SRI I. SEHSAGIRI RAO 2 AT THE OUTSET IT IS OBSERVED THAT THE APPEAL IS FILED WITH A DELAY OF 44 DAYS FOR WHICH ASSESSEE HAS FILED AFFIDAVIT STATING DUE TO HIS ILL HEALTH THE DELAY OCCURRED. BEING SATISFIED THAT THIS DELAY IN FI LING THE APPEAL IS NEITHER INTENTIONAL NOR WILFUL, WE CONDONE THE SAME AND PROCEED WITH THE APPEAL. 2. THE ASSESSEE HAS PLEADED THE FOLLOWING SUBSTANTIVE GROUNDS IN THE INSTANT APPEAL. 3. THE HONBLE CIT(A) OUGHT TO HAVE OBSERVED THAT THE ASSESSING OFFICER TREATED THE AMOUNT OF RS . 1,54,52,500/ - AS UNEXPLAINED CASH CREDIT U/S 68 OF THE ACT WITHOUT MAKING ANY ENQUIRIES AND THEREFORE, THE SAME IS LIABLE TO BE DELETED. 4. THE HONBLE CIT(A) OUGHT TO HAVE OBSERVED THAT THE ASSESSING OFFICER ERRED IN M AKING ADDITION OF RS. 9,24,600/ - TOWARDS DIFFERENCE IN SALARY WITHOUT ANY MATERIAL ON RECORD AND THEREFORE THE SAME IS LIABLE TO BE DELETED. 3 . LEARNED COUNSELS SOLE SUBSTANTIVE ARGUMENT DURING THE COURSE OF HEARING IS THAT THE ASSESSEE COULD NOT EFFECTIVELY REPRESENT HER CASE ; BOTH IN THE COURSE OF ASSESSMENT AS WELL AS IN THE CIT(A)S PROCEEDINGS , WHICH HAS CULMINATED IN THE IMPUGNED TWIN ADDITIONS OF UNEXPLAINED CASH CREDITS AS WELL AS THAT OF DIFFERENCE IN SALARY AMOUNT AS PER THAT RETURN AN D FORM 26 AS; RESPECTIVELY THE REVENUES VEHEMENT CONTENTION ON THE OTHER HAND IS THAT BOTH THE ASSESSING OFFICER AS WELL AS THE CIT(A) HAVE AFFORDED VERY MUCH REASONABLE OPPORTUNITIES TO HER TO FILE AND EXPLAIN ALL THE CORRESPONDING DETAILS. 4 . FACED W ITH THIS SITUATION AND MORE SO IN LIGHT OF THE CULMINATING FACT THAT THE CIT(A)S LOWER APPELLATE DISCUSSION HAS NOT TAKEN INTO CONSIDERATION THE CORRESPONDING DETAILS, IF ANY, FILED BY THE ASSESSEE IN LIGHT OF SEC.250(6) OF THE ACT REQUIRING FRAMING OF PO INTS OF DETERMINATION FOLLOWED BY A DETAILED ADJUDICATION, WE DEEM IT APPROPRIATE TO RESTORE THESE INSTANT TWIN ISSUES BACK TO THE ASSESSING OFFICER FOR HIS AFRESH AND APPROPRIATE VERIFICATION OF FACTS . IT ITA NO. 994/HYD/16 AY 2009 - 10 SRI I. SEHSAGIRI RAO 3 IS MADE CLEAR THAT THE ASSESSEE OR HER LEARNED AU THORISED REPRESENTATIVE SHALL APPEAR BEFORE THE ASSESSING OFFICER AND FILE ALL THE DETAILED EVIDENCES, BY 31 S T OCTOBER, 2021 ; AT HER OWN RISK AND RESPONSIBILITY ONLY TO BE FOLLOWED BY HER BURDEN TO PRODUCE THE CREDITOR PARTIES S/ SRI RJ RAO , N V L NAGAR AJU AND D KOT A IAH WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING AND FAILURE TO ENSURE NECESSARY COMPLIANCE TO THIS EFFECT SHALL BE TAKEN AS DEFAULT ON HER PART ONLY. ORDERED ACCORDINGLY . THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN AB OVE TERMS. PRONOUNCED IN OPEN COURT ON 12 TH JULY, 2021. SD/ - SD/ - (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 12 TH JULY, 2021. * GMV COPY OF THE ORDER FORWARDED TO: 1. SRI I. SESHAGIRI RAO, C/O B. NARSING RAO & CO, CHARTERE D ACCOUNTANTS, PLOT NO. 554, ROAD NO. 92, JUBILEE HILLS, HYDERABAD 500 0 96 , 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.