ACIT, Central Circle-2(4), Hyderabad vs. Bapu Reddy Jala, Nizamabad
In the result, appeal filed by the Revenue is dismissed
ITA 606/HYD/2022[2019-20]Status: DisposedITAT Hyderabad15 Jun 2023AY 2019-20
Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2019-20 Acit, Central Circle 2(4) Vs. Shri Bapu Reddy Jala Hyderabad Nizamabad Pan:Aabci9355A (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao, Ca Revenue By: Shri Kumar Aditya, Dr Date Of Hearing: 12/06/2023 Date Of Pronouncement: 15/06/2023 Order Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.08.2022 Of The Learned Cit (A)-12, Hyderabad Relating To A.Y. 2019-20. 2. The Revenue Has Raised The Following Grounds Of Appeal: "1. The Ld. Cit(Appeals) Erred Both In Law & On Facts Of The Case In Granting Relief To The Assessee. 2. The Ld. Cit(A) Erred In Law By Allowing The Assessee'S Appeal The Assessment Order Passed U/S. 153A Of The It Act, 1961 Dated 29.09.2021 Stating That The Sum Of Rs.75,00,000/- Not To Be Treated As Unexplained Income Of The Assessee. 3. The Ld. Cita) Erred In Law By Allowing The Assessee'S Appeal The Assessment Order Passed U/S. 271D Of The It Act, 1961 Dated 01.06.2021
For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri Kumar Aditya, DR
Section 153ASection 269Section 269SSection 271DSection 69A
…arise where the facts would be different but the same has no relevance to the case at hand. In view of the aforesaid analysis, the appeal being devoid of merit stands dismissed without any order as to Costs. 6.2 Further, in CIT Vs. Standard Brands Ltd. (2006) 285 ITR 295 (Delhi), the Delhi High Court has held that once the Revenue took a stand that the income was undisclosed A.Y 2019-20 income in the hands of the assessee, it could not resort to proceedings u/s. Z69SS r.w.s. 271D of the Act. The relevant portion of the ratio is reproduced below: "8. On these facts, we are of the view that the Revenue could not, o…
