Omprakash goud Thati , Warangal v. Income Tax Officer, Ward-3, Warangal

ITA 1459/Hyd/2019 | 2017-2018
Pronouncement Date: 23-03-2021 | Result: Allowed

Appeal Details

RSA Number 145922514 RSA 2019
Assessee PAN ITANO1459O
Bench Hyderabad
Appeal Number ITA 1459/Hyd/2019
Duration Of Justice 1 year(s) 6 month(s) 3 day(s)
Appellant Omprakash goud Thati , Warangal
Respondent Income Tax Officer, Ward-3, Warangal
Appeal Type Income Tax Appeal
Pronouncement Date 23-03-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-A
Tribunal Order Date 23-03-2021
Last Hearing Date 16-03-2021
First Hearing Date 16-03-2021
Assessment Year 2017-2018
Appeal Filed On 20-09-2019
Judgment Text
ITA NO 1459 OF 2019 IMPRAKASH GOUD THATI WARANGAL PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER ITA NO.1459/HYD/2019 ASSESSMENT YEAR: 2017-18 SRI OMPRAKASH GOUD THATI WARANGAL PAN:ASRPT8925G VS. INCOME TAX OFFICER WARD-3 WARANGAL (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI S. RAMA RAO REVENUE BY : SRI SUNIL KUMAR PANDEY DR DATE OF HEARING: 16/03/2021 DATE OF PRONOUNCEMENT: 22/03/2021 ORDER PER SMT. P. MADHAVI DEVI J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2017-18 AGAIN ST THE ORDER OF THE CIT (A)-3 HYDERABAD DATED 8.7.20 19 EX-PARTE THE ASSESSEE. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL RUNNING AN ELECTRONICS AND HOME APPLIAN CES SHOP AT STATION ROAD WARANGAL UNDER THE NAME AND STYLE M/ S. POORNA SOLUTIONS AND ALSO OFFERS SERVICE OF AIR CONDITION ERS CONDUCTORS AND SUPPLY OF SPARE PARTS AND REPAIRING ELECTRONICS HOME APPLIANCE IN HYDERABAD. THE ASSESSEE WAS CAUGHT WIT H CASH OF RS.19 70 000/- BY THE HYDERABAD TRAFFIC POLICE ON 1 .12.2016 IT WAS IN NEW CURRENCY NOTES DENOMINATION OF RS.2 000/ - CONSEQUENTLY THERE WAS A SEARCH AND SEIZURE OPERAT ION CONDUCTED IN THE CASE OF THE ASSESSEE AT HIS RESIDE NCE IN ITA NO 1459 OF 2019 IMPRAKASH GOUD THATI WARANGAL PAGE 2 OF 2 WARANGAL AND THEREFORE THE ASSESSMENT U/S 153A WAS TAKEN UP. DURING THE ASSESSMENT PROCEEDINGS THE ASSESSEE FAI LED TO SUBSTANTIATE THE SOURCE OF ACCUMULATED MONEY OF RS. 19 70 000/- AND THEREFORE THE AO BROUGHT THE SAID AMOUNT TO TA X U/S 69A OF THE I.T. ACT. AGGRIEVED THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT (A) BUT THE SAME WAS REJECTED BY THE CIT (A) E X-PARTE THE ASSESSEE. 3. THE LEARNED COUNSEL FOR THE ASSESSEE PRAYED FOR AN OPPORTUNITY TO REPRESENT BEFORE THE CIT (A) AND EXP LAIN THE TRANSACTIONS. ON GOING THROUGH THE ORDER OF THE CIT (A) IT DOES NOT APPEAR THAT ANY NOTICE WAS GIVEN TO THE ASSESSE E DURING THE APPELLATE PROCEEDINGS. IN VIEW OF THE SAME WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF THE CIT ( A) FOR RE- CONSIDERATION OF THE ISSUE IN ACCORDANCE WITH LAW A FTER GIVING A FAIR OPPORTUNITY OF HEARING TO THE ASSESSEE. 4. IN THE RESULT ASSESSEES APPEAL IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD DATED 22 ND MARCH 2021. VINODAN/SPS COPY TO: 1 SRI OMPRAKASH GOUD THATI H.NO.16-5-315 PENUKAWA DA FORT ROAD WARANGAL 506001 2 ITO WARD-3 MAYURI COMPLEX HANAMKONDA WARANGAL 5 06001 3 CIT (A)-3 HYDERABAD 4 PR. CIT 3 HYDERABAD 5 THE DR ITAT HYDERABAD 6 GUARD FILE BY ORDER