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Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD
Before: SHRI A. MOHAN ALANKAMONY & SRI S.S. GODARA
PER A. MOHAN ALANKAMONY, A.M:
Both the captioned appeals are filed by the assessee against the orders of the Ld. CIT(A)-1, Hyderabad in appeal Nos.0212 & 0137/2009- 10 & 2010-11/CIT(A)-1/Hyd/16-17, dated 29/08/2016 passed U/s. 143(3) r.w.s 250(6) of the Act for the A.Ys 2007-08 and 2008-09 respectively.
The assessee has raised several grounds in its appeal for both the A.Y. 2007-08 and 2008-9.
At the outset the Ld. AR submitted before us that the Ld. CIT (A) had failed to grant relief to the assessee without appreciating the facts of the case and without examining the evidence produced by the assessee. The Ld. AR pleaded that the matter may be remitted back to the file of the Ld.AO so that the assessee can properly represent its case before the Ld. Revenue Authorities. Ld. DR on the other hand opposed to the submission of the Ld. AR.
We have heard the rival submissions and carefully perused the materials on record. Since the ld. AR had pleaded that the assessee was not able to present proper evidence and materials before the Ld. Revenue Authorities on the earlier occasions, keeping in view of the fact that the assessee is a Public Sector Undertaking, the nature and quantum of additions made, we hereby remit both the appeals back to the file of the Ld. AO for fresh consideration. At the same time, we also hereby direct the assessee and its Counsel to promptly co-operate before the Ld. Revenue Authorities in their proceedings failing which the ld. Revenue Authorities shall be at liberty to pass appropriate order in accordance with law and merit based on the materials before them.
In the result, both the appeals are allowed for statistical purposes as indicated herein above.
Pronounced in the open Court on 01st February, 2022.