G.SRINIVASA CHAKRAVARTHI RAJU, HYD,HYDERABAD vs. DCIT, CIRCLE-16(1), HYD, HYDERABAD

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ITA 816/HYD/2015Status: DisposedITAT Hyderabad19 July 2021AY 2010-114 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The tribunal dismissed the appeal for AY 2010-11 as not pressed. For the other two appeals, the tribunal restored the matters to the CIT(A) for fresh adjudication due to lack of proof of service of hearing notices on the assessee.

What were the facts?

The assessee filed three appeals for different assessment years. For AY 2010-11, the assessee did not press the appeal as relief was granted through rectification. For AYs 2006-07 and 2011-12, the CIT(A) passed ex-parte orders disallowing agricultural income.

What were the issues?

Whether the ex-parte order passed by the CIT(A) is valid when there is no proof of service of hearing notices on the assessee. Whether the appeal should be dismissed as not pressed.

Which sections of the Income-tax Act were involved?

Section 10(1),Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B” : HYDERABAD

Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU

O R D E R PER S.S.GODARA, J.M. :

These three assessee’s appeals for AYs.2010-11, 2006-07 and 2011-12 arise against the CIT(A)-4, Hyderabad’s separate orders dated 13-03-2015 in first and dt.29-03-2016 in latter twin assessment years, in case Nos.0274/2013-14/DCIT Cir.16(1)/CIT(A)-4/Hyd/2014-15, 0088 & 0089/DCIT Cir.16(1)/14-15/CIT(A)-4/Hyd/15-16 involving proceedings u/s.143(3) except in AY.2006-07 u/s.143(3) r.w.s.147 of the Income Tax Act, 1961 [in short, ‘the Act’]; respectively. Heard both the parties. Case files perused.

2.

Coming to the assessee’s first and foremost appeal , learned counsel stated at the outset that he no more wishes to press for the same keep in mind the fact that necessary relief already stands granted to him in Section 154 rectification proceedings. Ordered accordingly. This first and foremost appeal is dismissed as not pressed therefore in foregoing terms.

3.

We advert to the assessee’s next two appeals & 1069/Hyd/2016 and notice that the CIT(A)’s corresponding lower appellate order(s) under challenge; affirming the Assessing Officer’s action disallowing agricultural income claim u/s.10(1) of the Act followed by various other similar issues, has been passed ex-parte.

4.

The Revenue sought to highlight the fact in CIT(A)’s lower appellate proceedings in para 4 that he had issued several notices to the assessee. We note that there is no indication at all in the said para 4 and 3; respectively that the CIT(A) hearing notices had been actually served on the assessee. Faced with this situation, we deem it appropriate to restore the instant latter twin appeals Nos.1068 & 1069/Hyd/2016 back to the CIT(A) for his afresh appropriate adjudication as per law within three effective opportunities of hearing. It is made clear that the assessee or his learned authorised representative shall appear before the CIT(A) on or before 30-11-2021 with all the relevant evidence; at his own risk and responsibility only, to be followed by three effective opportunities of hearing. It is further clarified that any failure in necessary factual verification of the assessee’s evidence shall not be attributed to the learned CIT(A) in any manner; whatsoever. These latter twin appeals Nos.1068 & 1069/Hyd/2016 are treated as accepted for statistical purposes.

5.

To sum-up, the assessee’s first and foremost appeal & 1069/Hyd/2016 are allowed for statistical purposes. A copy of this common order be placed in the respective case files.

Order pronounced in the open court on 19th July, 2021

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