M/s. R. Subba Raju v. ACIT, Circle-1, Rajahmundry
[Citation -2016-LL-0919-43]

Citation 2016-LL-0919-43
Appellant Name M/s. R. Subba Raju
Respondent Name ACIT, Circle-1, Rajahmundry
Court ITAT-Visakhapatnam
Relevant Act Income-tax
Date of Order 19/09/2016
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags reasonable opportunity • reopening of assessment
Bot Summary: The assessee has raised the following grounds of appeal: 1 ITA No.335/Vizag/2013 M/s. R. Subba Raju, Rajahmundry 1. Commissioner of Income-tax - ii, Mumbai should not have dismissal the appeal filed by the appellant; 2. The reason given by the assessing officer is on examination of the accounts, it is found that the assessee short accounted sub-contract receipts to the extent of Rs.92,00,000/- and the same is added back to the income. The first ground of appeal raised by the assessee is re-opening of the assessment. So far as addition in respect of Rs.92 lakhs is concerned, the Ld. Counsel for the assessee has submitted that due to ill health, the assessee was not able to appear before the Ld. CIT(A) one more opportunity may be given to the assessee to substantiate his case before the Ld. CIT(A). Thus, we set aside the order passed by the Ld. CIT(A) and remit the matter back to the file of the CIT(A) to consider the case afresh after giving a reasonable opportunity to the assessee and decide the issue according to law. In the result, the appeal filed by the assessee is allowed for statistical purposes.


ITA No.335/Vizag/2013 M/s. R. Subba Raju, Rajahmundry IN INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER I.T.A.No.335/Vizag/2013 (Assessment Year: 2006-07) M/s. R. Subba Raju, ACIT, Circle-1, Rajahmundry Vs. Rajahmundry [PAN: AAGFR9133F] (Appellant) (Respondent) Appellant by : Shri G.V.N. Hari, AR Respondent by : Shri Aravindakshan, DR Date of hearing : 14.09.2016 Date of Pronouncement : 19.09.2016 ORDER PER V. DURGA RAO, Judicial Member: This appeal filed by assessee is directed against order of CIT(A)-11, Mumbai, Camp at Visakhapatnam dated 15.03.2013 for assessment year 2006-07. 2. assessee has raised following grounds of appeal: 1 ITA No.335/Vizag/2013 M/s. R. Subba Raju, Rajahmundry 1. first appellate authority viz., Commissioner of Income-tax (Appeals) - ii, Mumbai should not have dismissal appeal filed by appellant; 2. No proper opportunity is given before passing order by learned Commissioner of Income-tax (Appeals) - ii, Mumbai; 3. vary issue of notice u/s.148 is not correct and consequently assessment proceedings are null and void; 4. addition of Rs.92,00,000/- made by assessing officer viz., Assistant Commissioner of Income-tax, Circle-1, Rajahmundry is not correct; 5. reason given by assessing officer is "on examination of accounts, it is found that assessee short accounted sub-contract receipts to extent of Rs.92,00,000/- and same is added back to income". But assessing officer has not assigned any reasons or details for making said addition; 6. charging of interest u/s.234B is not correct; 7. Any other grounds of appeal that may be urged at time of hearing. 3. first ground of appeal raised by assessee is re-opening of assessment. same is not pressed and dismissed as not pressed. So far as addition in respect of Rs.92 lakhs is concerned, Ld. Counsel for assessee has submitted that due to ill health, assessee was not able to appear before Ld. CIT(A), therefore, one more opportunity may be given to assessee to substantiate his case before Ld. CIT(A). Ld. D.R. not raised any objection. Both sides agreed that issue may be set aside to file of CIT(A). Thus, we set aside order passed by Ld. CIT(A) and remit matter back to file of CIT(A) to consider case afresh after giving reasonable opportunity to assessee and decide issue according to law. 2 ITA No.335/Vizag/2013 M/s. R. Subba Raju, Rajahmundry 4. In result, appeal filed by assessee is allowed for statistical purposes. above order was pronounced in open court on 19th Sept 16. Sd/- Sd/- (G. MANJUNATHA) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER Visakhapatnam: Dated : 19.09.2016 VG/SPS (Copy of order forwarded to:- 1. Appellant M/s. R. Subbaraju, Contractors, D.No.79-2-1, Tilak Road, Rajahmundry, E.G. Dist. 2. Respondent ACIT, Circle-1, Rajahmundry 3. CIT, Rajahmundry 4. ) CIT(A)-11, Mumbai, Camp at Visakhapatnam 5. DR, ITAT, Visakhapatnam 6. Guard file BY ORDER // True Copy (Sr.Private Secretary) ITAT, VISAKHAPATNAM 3 M/s. R. Subba Raju v. ACIT, Circle-1, Rajahmundry
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