A.P. STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, HYDERABAD,HYDERABAD vs. ITO, WARD-1(1), HYDERABAD, HYDERABAD

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ITA 1681/HYD/2016Status: DisposedITAT Hyderabad01 February 2022AY 2008-093 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, considering the assessee is a Public Sector Undertaking and the nature of additions, decided to remit both appeals back to the Assessing Officer for fresh consideration. The assessee was directed to cooperate with the Revenue Authorities.

What were the facts?

The assessee, AP State Agro Industries Development Corporation Limited, filed appeals against the orders of the CIT(A) for Assessment Years 2007-08 and 2008-09. The assessee's counsel argued that the CIT(A) failed to grant relief due to lack of proper appreciation of facts and evidence.

What were the issues?

Whether the CIT(A) properly appreciated the facts and evidence presented by the assessee. The assessee's inability to present proper evidence before the lower authorities.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD

Before: SHRI A. MOHAN ALANKAMONY & SRI S.S. GODARA

Hearing: 14/12/2021Pronounced: 01/02/2022

PER A. MOHAN ALANKAMONY, A.M:

1.

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.

2.

The assessee has raised several grounds in its appeal for both the A.Y. 2007-08 and 2008-9.

3.

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.

4.

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.

5.

In the result, both the appeals are allowed for statistical purposes as indicated herein above.

Pronounced in the open Court on 01st February, 2022.

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