PREMKUMAR REDDY CHOWDAVARAM,HYDERABAD vs. INCOME TAX OFFICER, WARD-13(1), HYDERABAD
What did the Tribunal hold?
The Tribunal found that the CIT(A)'s order was non-speaking and lacked proper adjudication. Therefore, the appeal was allowed, and the matter was restored to the CIT(A) for fresh adjudication.
What were the facts?
The Assessing Officer made additions to the assessee's income including interest income, unexplained investments, and short-term capital gains. The CIT(A) confirmed these additions without providing detailed reasons, relying solely on the Assessing Officer's order.
What were the issues?
Whether the CIT(A) properly adjudicated the grounds of appeal and provided a speaking order. Whether the additions made by the Assessing Officer were justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ Bench, Hyderabad
Before: Shri A. Mohan Alankamony & Shri S.S. Godara
O R D E R Per S. S. Godara, J.M. This assessee’s appeal for A.Y 2014-15 arises from the Commissioner of Income Tax (Appeals)-4, Hyderabad’s order dated 06.02.2017, in case No.0403/2016-17/ITO-W-13(1)/CIT(A)-4/ Hyd/17-18, involving proceedings under section 143(3) of Income Tax Act, 1961 (in short, “the Act”).
Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
We noticed with the able assistance coming from the learned departmental representative that Assessing Officer herein had framed his section 143(3) regular assessment on 26.12.2016 interalia adding interest income, unexplained investments u/s 69 taxed u/s 115BBE and short term capital gains of Rs.2,88,824/-, Rs.37,45,300/- and Rs.15,42,650/-; respectively.
The assessee preferred appeal. The CIT(A) has confirmed the Assessing Officer’s action by a totally non-speaking order as follows : “5. During the course of appeal proceedings, the AR of the appellant submitted only the bank account statement which was perused. But the appellant failed to produce substantial evidences to counter the grounds of appeal raised. Since the submissions of the appellant were verified and 1 am not in agreement with the appellant due to the detailed reasons mentioned by the Assessing Officer in the assessment order, the addition made confirmed and the grounds of appeal are dismissed.”
5. It is therefore sufficiently clear that neither the learned CIT(A) has framed any points for determination nor has he adjudicated them in detail as contemplated u/s 250(6) of the Act. We thus restore the assessee’s instant substantive grounds back to the CIT(A) for his afresh appropriate adjudication as per law within three effective opportunities of hearing. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms.
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