Income Tax Appellate Tribunal - Hyderabad
Padmananda Girish Kulkarini, ... vs Ito, Ward-2(2), Hyderabad, Hyderabad on 27 March, 2019
ITA No 536 of 2017 Padmananda Girish Kulkarni Hyderabad.
IN THE INCOME TAX APPELLATE TRIBUNAL
Hyderabad ' A ' SMC Bench, Hyderabad
Before Smt. P. Madhavi Devi, Judicial Member
ITA No.536/Hyd/2017
(Assessment Year: 2010-11)
Shri Padmananda Girish Vs Income Tax Officer
Kulkarni, Hyderabad Ward 2(2)
PAN:AKGPK3430L Hyderabad
(Appellant) (Respondent)
For Assessee : Shri K.C. Devdas
For Revenue : Shri A.C. Rout, DR
Date of Hearing: 21.03.2019
Date of Pronouncement: 27.03.2019
ORDER
This is assessee's appeal for the A.Y 2010-11 against the order of the CIT (A)-2, Hyderabad, dated 30.09.2016.
2. At the time of hearing, the learned Counsel for the assessee submitted that the CIT (A) has disposed of the appeal ex- parte for non-appearance of the assessee and also on merits. He submitted that the assessee has sufficient evidence to prove his case and sought remand of the issue to the file of the CIT (A) for a fresh opportunity to present his case. He submitted that the assessee had filed adjournment letters before the CIT (A) but the same were not taken into consideration and it has been held that the assessee has not even filed the adjournment letters.
Page 1 of 2ITA No 536 of 2017 Padmananda Girish Kulkarni Hyderabad.
3. The learned DR was also heard and I find from the order of the CIT (A) that the CIT (A) has not taken into consideration the adjournment letters filed by the assessee but has disposed of the appeal ex-parte by confirming the additions made by the AO. Since the assessee contends to have the necessary evidence to prove its contentions/claims, I deem it fit and proper to remand the issue to the file of the CIT (A), for reconsideration of the issue on merits and in accordance with law. Needless to mention that the assessee shall be given a fair opportunity of hearing and the assessee shall also cooperate with the CIT (A) by producing the relevant material before him.
4. In the result, assessee's appeal is treated as allowed for statistical purposes.
Order pronounced in the Open Court on 27th March, 2019.
Sd/-
(P. Madhavi Devi) Judicial Member Hyderabad, dated 27th March, 2019.
Vinodan/sps Copy to:
1 Shri Girish Kulkarni Padmananda, Flat No.101, Raga Hari Hills View Apartments, Near Studio N, Panchavati Colony, Manikonda, Hyderabad 2 ITO Ward 2(2) Hyderabad 3 CIT (A)-2 Hyderabad 4 Pr. CIT - 2 Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File By Order Page 2 of 2