RYTHM MEDIA WORKS PVT. LTD., HYDERABAD,HYDERABAD vs. ITO, WARD-3(2), HYDERABAD, HYDERABAD

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ITA 522/HYD/2017Status: DisposedITAT Hyderabad25 May 2021AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issues back to the CIT(Appeals) for fresh adjudication. The assessee was directed to appear with all relevant details for factual verification within three effective opportunities of hearing.

What were the facts?

The assessee's appeal for AY 2012-13 arose from an ex-parte order by the CIT(Appeals) which affirmed additions for deficit cash balance and disallowance under Section 40(a)(ia). The assessee claimed non-appearance was due to communication gaps and auditor changes.

What were the issues?

Whether the CIT(Appeals) order passed ex-parte due to the assessee's non-appearance should be set aside. The need for fresh adjudication of additions related to cash balance and disallowances.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘ A ‘ BENCH, HYDERABAD.

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

For Appellant: Shri S. Rama Rao

per law within three effective opportunities of hearing.

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; at 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.

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