ITAT Hyderabad allows appeals, directs to condone tax delay, and dispose off on merits

The Appellate Tribunal ITAT Hyderabad allowed the appeals against the CIT(A) order for assessment years 2007-08 and 2008-09. The Tribunal set aside the CIT(A) orders, restored the appeals, and directed to condone the delay in tax payment if the seized cash was adjusted, and dispose off the appeals on merits after giving a hearing to the assessee. The appeals of the assessee were allowed for statistical purposes.

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Issues involved: Appeal against CIT(A) order for assessment years 2007-08 and 2008-09.

Summary:
The Appellate Tribunal ITAT Hyderabad heard appeals against the CIT(A) order for assessment years 2007-08 and 2008-09. The CIT(A) had dismissed the appeals of the assessee for not paying taxes on the returned incomes. The assessee had requested to adjust cash found during a search and seizure action under S.132 of the Income-tax Act against the taxes due. The Tribunal had previously directed to condone the delay in tax payment due to late adjustment of seized cash. The Departmental Representative did not object to remand the appeals to the CIT(A) if the seized cash was adjusted towards the taxes due. The Tribunal set aside the CIT(A) orders, restored the appeals, and directed to condone the delay in tax payment if the seized cash was adjusted, and dispose off the appeals on merits after giving a hearing to the assessee. The appeals of the assessee were allowed for statistical purposes.

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