Sri Anil Kishore Agarwal, Hyderabad V. DCIT., Central Circle-4, Hyderabad, Hyderabad

MA 8/HYD/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4051 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-02-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 08-01-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 22-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained investment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A.NO.8/HYD/2015 ARISING OUT OF ITA.NO.1223/HYD/2011 - ASSESSMENT YEAR 2006-2007 MR. ANIL KISHORE AGARWAL HYDERABAD. PAN ABGPA5830R VS. DCIT, CENTRAL CIRCLE - 4 HYDERABAD. (APPL IC ANT) (RESPONDENT) FOR A PPLICANT : MR. P. MURA LI M OHAN RAO FOR RESPONDENT : MR. M. SITARAM DATE OF HEARING : 1 2. 0 2.201 6 DATE OF PRONOUNCEMENT : 1 2 .02.2016 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS M.A. IS FILED BY THE ASSESSEE SEEKING RECTIFICATION OF THE ALLEGED MISTAKES IN THE ORDER OF THE TRIBUNAL DATED 28.05.2014 FOR THE A.Y. 2006-07. 2. IN THIS M.A. THE ASSESSEE HAS STATED THAT THE ITAT HAS NOT ADJUDICATED THE FOLLOWING FOUR ISSUES WHICH ARE AS UNDER : 1. THE LEARNED CIT (A) ERRED IN SUSTAINING THE ADDITION OF RS. 10,95,000/- TOWARDS THE UNEXPLAINED INVESTMENT OF THE ASSESSEE IN HOUSE PROPERTY AT BOGGULAKUNTA. 2. THE LD. CIT(A) ERRED IN SUSTAINING THE ADDITION OF RS.10,00,000/- TOWARDS THE UNEXPLAINED INVESTMENT OF THE ASSESSEE IN AMEERPET LAND . 2 MA.NO.8/HYD/2015 IN ITA.NO.1223/H/2011 MR. ANIL KISHORE AGARWAL, HYDERABAD. 3. THE LD. CIT(A) ERRED IN SUSTAINING THE ADDITION OF RS. 30,000/- TOWARDS THE UNEXPLAINED INVESTMENT OF THE ASSESSEE IN GOLLAPALLY VILLAGE. 4. THE LD. CIT(A) ERRED IN SUSTAINING THE ADDITION OF RS.4,00,000/- TOWARDS THE UNEXPLAINED INVESTMENT OF THE ASSESSEE IN BANJARA HILLS PROPERTY. 3. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE, MR. P. MURALI MOHAN RAO, HOWEVER, ADMITTE D THAT THE GROUNDS RELATING TO THE ISSUES AT 3 AND 4 MENTIONED BY THE ASSESSEE HEREIN, HAVE BEEN ADJUDIC ATED BY THE TRIBUNAL AND THEREFORE, HE IS NOT PRESSING F OR RECALL OF THE ORDER OF THE TRIBUNAL AS FAR AS THESE ISSUES ARE CONCERNED. HOWEVER, AS REGARDS THE FIRST AND SECON D ISSUES WHICH ARE RELATING TO GROUNDS 4 TO 6 AND 7 T O 9 OF ASSESSEES APPEAL, HE SUBMITTED THAT THE TRIBUNAL H AS NOT ADJUDICATED THESE GROUNDS AND THEREFORE, THERE IS A MISTAKE APPARENT FROM THE RECORD REQUIRING RECTIFIC ATION OF THE ORDER OF THE TRIBUNAL DATED 28.05.2014. THE LD. D.R. ALSO CONFIRMED THAT THE TRIBUNAL HAS NOT ADJUDICATE D THESE GROUNDS OF APPEAL. IN VIEW OF THE SAME, WE RE CALL THE ORDER OF THE TRIBUNAL DATED 28.05.2014 ONLY FOR ADJUDICATION OF GROUNDS 4 TO 6 AND 7 TO 9. THE REGI STRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN DUE COURS E. 4. IN THE RESULT, M.A. OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.02.2016. SD/- SD/- (S. RIFAUR RAHMAN) (SMT. P. MADHAVI DEVI) ACOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 12 TH FEBRUARY, 2016 VBP/- 3 MA.NO.8/HYD/2015 IN ITA.NO.1223/H/2011 MR. ANIL KISHORE AGARWAL, HYDERABAD. COPY TO : 1. MR. ANIL KISHORE AGARWAL, 4 - 1 - 587 & 588/3, VIJAY MARKET, TROOP BAZAAR, HYDERABAD. 2. THE DCIT, CENTRAL CIRCLE - 4, HYDERABAD. 3. CIT(A) - VII, HYDERABAD 4. CIT (CENTRAL) , HYDERABAD 5. D.R. ITAT A BENCH, HYDERABAD. 6 . GUARD FILE