Rythm Media Works Pvt. Ltd., Hyderabad, Hyderabad v. ITO, Ward-3(2), Hyderabad, Hyderabad

ITA 522/HYD/2017 | 2012-2013
Pronouncement Date: 25-05-2021 | Result: Allowed

Appeal Details

RSA Number 52222514 RSA 2017
Assessee PAN AACCR4276J
Bench Hyderabad
Appeal Number ITA 522/HYD/2017
Duration Of Justice 4 year(s) 2 month(s) 4 day(s)
Appellant Rythm Media Works Pvt. Ltd., Hyderabad, Hyderabad
Respondent ITO, Ward-3(2), Hyderabad, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 25-05-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-A
Tribunal Order Date 25-05-2021
Date Of Final Hearing 20-04-2021
Next Hearing Date 20-04-2021
Last Hearing Date 13-04-2018
First Hearing Date 12-03-2018
Assessment Year 2012-2013
Appeal Filed On 21-03-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH HYDERABAD. BEFORE SHRI S.S. GODARA JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 522 /HYD/201 7 (ASSESSMENT YEAR : 2012 - 13 ) M/S. RHYTHM MEDIA WORKS PVT. LTD. 2 - 293/82/A/1128 5 TH FLOOR JUBILEE SQUARE ROAD NO.36 JUBILEE HILLS HYDERABAD - 500 033 .APPELLANT. PAN AACCR4276J VS. INCOME TAX OFFICER WARD 3(2) HYDERABAD. RESPONDENT. APPELLANT BY : SHRI S. RAMA RAO. RESPONDENT BY : SHRI SUNIL KUMAR PANDEY (D.R.) DATE OF HEARING : 20.04.2 021. DATE OF PRONOUNCEMENT : 25 .05. 2021. O R D E R PER SHRI S.S. GODARA J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 201 2 - 13 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 3 HYDERABAD S ORDER DT. 01.11.2016 PASSED IN CASE NO. 0171/CIT(A) - 3/15 - 16 I N PROCEEDINGS UNDER SECTION 143(3) OF INCOME TAX ACT 1961 (THE ACT). 2 ITA NO. 522/HYD/2017 HEARD BOTH THE P ARTIES . C ASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THE CIT(APPEALS)S LOWER APPELLATE ORDER UNDER CHALLENGE ; AFFIRMING THE ASSESSMENT ORDER DT.26.3.2015 S FINDINGS INTER ALIA ADDING DEFICIT CASH BALANCE ( - )RS.1 21 20 616 FOLLOWED B Y SECTION 40(A)(IA) DISALLOWANCE OF RS.34 52 570; HAS BEEN PASSED EXPARTE. 3. L EARNED AUTHORISED REPRESENTATIVES ONLY CASE IS THAT IT WAS ON ACCOUNT OF SOME COMMUNICATION GAP BETWEEN ASSESSEE AND CHANGE IN THE CONCERNED AUDITORS OFFICE THAT NEITHER THE TAXPAYER ITSELF NOR ITS AUTHORIZED REPRESENTATIVE COULD APPEAR IN THE LOWER APPELLATE PROCEEDINGS BEFORE THE CIT(A). H E NEXT TOOK US TO THE ASSESSEE'S APPEARANCE ON 8 TH AND 29 TH JUNE 2016 THAT IT WAS VIGILANT ENOUGH IN THE BEGINNING BUT COULD NOT APPEAR LATER ON BECAUSE OF THE ABOVE STATED REAS ONS. FACED WITH THIS SITUATION WE DECLINE R EVENUES ARGUMENT STRONGLY SUPPORTING THE CIT(APPEALS)S ACTION ON BOTH GROUNDS AND RESTORE THE INSTANT TWIN ISSUES BACK TO THE CIT(APPEALS) FOR HIS AFRESH ADJUDICATION AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. 3 ITA NO. 522/HYD/2017 4. IT IS FURTHER MADE CLEAR THAT THE ASSESSEE OR THE LEARNED AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE CIT(A) ON OR BEFORE 31.08.2021 WITH ALL THE RELEVANT DETAILS OF THE IMPUGNED DEFICIT CASH BALANCES AS WELL AS SECTION 40(A)(IA) DISALLOWANCE (SUPRA); TO BE SUBJECTED TO THE NECESSARY FACTUAL VERIFICATION ; A T THE TAX PAYER RISK AND RESPONSIBILITY WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. ORDERED ACCORDINGLY. 5. THE ASSESSEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS . ORDER PRONOUNCED IN THE OPEN COURT ON 25TH MAY 2021. SD/ - SD/ - (LAXMI PRASAD SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD DT. 25 .05 .2021. * REDDY GP COPY TO : 1. M/S. RHYTHM MEDIA WORKS PVT. LTD. 2 - 293/82/A/1128 5 TH FLOOR JUBILEE SQUARE ROAD NO.36 JUBILEE HILLS HYDERABAD - 500 033 2. ITO WARD 3(2) HYDERABAD. 3. PR. C I T - 3 HYDERABAD. 4. CIT(APPEALS) - 3 HYDERABAD. 5. DR ITAT HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY ITAT HYDERABAD.