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Income Tax Appellate Tribunal, HYDERABAD BENCHES “SMC”, HYDERABAD
Before: SMT. P. MADHAVI DEVI
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “SMC”, HYDERABAD
BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER I.T.A. No. 2039/HYD/2018 Assessment Year: 2013-14 Kandula Venkateswarlu, Income Tax Officer, Kodad Vs Ward-1, [PAN: BTKPK4256J] Suryapet (Appellant) (Respondent) For Assessee : Shri Y.V.Bhanu Narayan Rao, AR For Revenue : Smt. E.A. Hangal, DR Date of Hearing : 13-11-2019 Date of Pronouncement : 15-11-2019 O R D E R This appeal filed by the assessee for the AY.2013-14, is directed against the order of the Commissioner of Income Tax (Appeals)–3, Hyderabad, dated 10-07-2018.
At the outset, Ld.Counsel for the assessee submitted that the assessment order was passed u/s.144 of the Income Tax Act [Act] as the assessee had not appeared and even the CIT(A) has confirmed the order of the AO, only because the assessee was not able to substantiate the sources of cash deposits made into the bank account. Therefore, Ld.Counsel prayed that the assessment order may be set aside to the file of AO for Denovo assessment.
Ld.DR was also heard.
:- 2 -: ITA No. 2039/Hyd/2018
I find that the assessment order as well as the order of Ld.CIT(A) are ex-parte the assessee. The addition is of Rs.25,59,101/-, which is the total of the deposits made into the bank account. Therefore, I am inclined to set aside the issue to the file of AO with a direction to re-do the assessment Denovo in accordance with law, after giving the assessee a fair opportunity of hearing. The assessee is also directed to co-operate with the AO for early completion of assessment of his income, by providing the necessary details.
In the result, the appeal of assessee is treated as allowed for statistical purposes.
Order pronounced in the open court on 15th November, 2019
Sd/- (P. MADHAVI DEVI) JUDICIAL MEMBER Hyderabad, Dated: 15-11-2019 TNMM
:- 3 -: ITA No. 2039/Hyd/2018
Copy to : 1. Kandula Venkateswarlu, C/o.Y.V.Bhanu Narayan Rao, Chartered Accountant, 10-2-195, Opp: Deccan Club, East Marredpally, Secunderabad. 2. Income Tax Officer, Ward-1, Suryapet.
CIT(Appeals)-3, Hyderabad.
Pr.CIT-3, Hyderabad.
D.R. ITAT, Hyderabad.
Guard File.