P.Mangatram Jewellers Private Limited , Hyderabad v. Dy. Commissioner of Income Tax , Circle-16(2), Hyderabad

ITA 527/Hyd/2019 | 2009-2010
Pronouncement Date: 05-05-2021 | Result: Allowed

Appeal Details

RSA Number 52722514 RSA 2019
Assessee PAN AADCP6442M
Bench Hyderabad
Appeal Number ITA 527/Hyd/2019
Duration Of Justice 2 year(s) 20 day(s)
Appellant P.Mangatram Jewellers Private Limited , Hyderabad
Respondent Dy. Commissioner of Income Tax , Circle-16(2), Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 05-05-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-B
Tribunal Order Date 05-05-2021
Last Hearing Date 08-09-2020
First Hearing Date 01-04-2021
Assessment Year 2009-2010
Appeal Filed On 15-04-2019
Judgment Text
ITA NO 527 OF 2019 P MANGATRAM JEWELLERS P LTD HY DERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER ITA NO.527/HYD/2019 ASSESSMENT YEAR: 2009-10 M/S. P. MANGATRAM JEWELLERS (P) LTD HYDERABAD PAN:AADCP6442M VS. DY. C.I.T. CIRCLE 16(2) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI BHAVESH R VITHLANI REVENUE BY : SRI ROHIT MUJUMDAR DR DATE OF HEARING: 28/04/2021 DATE OF PRONOUNCEMENT: 05/05/2021 ORDER PER SMT. P. MADHAVI DEVI J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2009-10 AGAIN ST THE ORDER OF THE CIT (A)-4 HYDERABAD DATED 11.2.2 019. 2. AT THE OUTSET IT IS SEEN THAT THE ORDER OF THE CIT (A) IS EX-PARTE THE ASSESSEE AND THERE IS NO DISCUSSION ON MERITS. 3. IN THE ASSESSMENT ORDER THE ASSESSING OFFICER H AS MADE AN ADDITION OF 8 61 824/- TOWARDS BOGUS PURCHA SES AND THE ASSESSEE HAD FILED AN APPEAL BEFORE THE CIT (A) STA TING THAT THE PURCHASE VOUCHERS ALONG WITH BANK STATEMENT AND COP Y OF THE RETURN WERE PRODUCED BY THE ASSESSEE BEFORE THE ASS ESSING OFFICER BUT THE ASSESSEE WAS NOT GIVEN AN OPPORTUN ITY TO CROSS ITA NO 527 OF 2019 P MANGATRAM JEWELLERS P LTD HY DERABAD PAGE 2 OF 2 EXAMINE THE PARTY ON WHOSE STATEMENT THE ASSESSING OFFICER HAS PLACED RELIANCE UPON TO HOLD THE PURCHASES TO BE BO GUS. 4. SINCE THE CIT (A) HAS NOT DECIDED THE APPEAL ON MERITS ONLY IN THE INTEREST OF JUSTICE WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF THE CIT (A) WITH A DIRECTION TO CONSIDER THE ISSUE AFRESH AFTER GIVING THE ASSESSEE A FAIR OPPORTUNITY OF HEARING. 5. IN THE RESULT ASSESSEES APPEAL IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH MAY 2021. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD DATED 5 TH MAY 2021. VINODAN/SPS COPY TO: S.NO ADDRESSES 1 M/S. P. MANGATRAM JEWELLERS (P) LT D C/O B VITHLANI & CO. C.AS 4 - 1 - 10/B/12 SHEETAL TILAK ROAD ABIDS HYDERABAD 2 DY.CIT CIRCLE 16(2) 2 ND FLOOR B BLOCK IT TOWERS MASAB TANK HYDERABAD 3 CIT (A)-4 HYDERABAD 4 PR. CIT - 4 HYDERABAD 5 DR ITAT HYDERABAD BEN CHES 6 GUARD FILE BY ORDER