M/s. Kallam House & Real Estate Pvt. Ltd., Guntur V. The ACIT, Guntur

CO 43/VIZ/2016

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2414 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 22-08-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 27-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: GOVINDA RAJAN
• Section: 143(3); 263

Judgement Text

ITA NO.274/VIZAG/2016 M/S. KALLAM HOUSING & REAL ESTATE PVT. LTD., GUNTUR 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM SMC BENCH, VISAKHAPATNAM . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER ./I.T.A.NO.274/VIZAG/2016 ( / ASSESSMENT YEAR: 2008-09) ACIT, CIRCLE - 1(1), GUNTUR VS. M/S. KALLAM HOUSING & REAL ESTATE PVT. LTD., GUNTUR [PAN: AABCK6024G ] ( / APPELLANT) ( ! / RESPONDENT) C.O. NO.43/VIZAG/2016 (ARISING OUT OF I.T.A.NO.274/VIZAG/2016) ( / ASSESSMENT YEAR: 2008-09) M/S. KALLAM HOUSING & REAL ESTATE PVT. LTD., GUNTUR VS. ACIT, CIRCLE - 1(1), GUNTUR [PAN: AABCK6024G ] ( / APPELLANT) ( ! / RESPONDENT) / APPELLANT BY : SHRI GOVINDA RAJ AN, DR / RESPONDENT BY : SHRI G.V.N. HARI, AR / DATE OF HEARING : 12.08.2016 / DATE OF PRONOUNCEMENT : 22.08.2016 ITA NO.274/VIZAG/2016 M/S. KALLAM HOUSING & REAL ESTATE PVT. LTD., GUNTUR 2 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF CIT(A)-1, GUNTUR DATED 29.1.2016 FOR THE ASSESSMENT YEAR 2008-09. THE CROSS OBJECTION FILED BY THE ASSESSEE IS IN SUP PORT OF THE ORDER PASSED BY THE LD. CIT(A)-1, GUNTUR. 2. FACTS ARE IN BRIEF THAT THE ASSESSEE COMPANY, EN GAGED IN THE BUSINESS ACTIVITY OF REAL ESTATE, PRIMARILY DEVELOP ING PLOTS OF LAND FOR SALE. THE ASSESSEE HAD FILED A RETURN OF INCOME BY DECLARING TOTAL INCOME OF RS.18,19,141/-. THE RETURN FILED BY THE ASSESSEE WAS PROCESSED U/S 143(1) OF THE INCOME TAX ACT, 1961 (H EREINAFTER CALLED AS THE ACT) AND THEREAFTER, THE ASSESSEES CASE WAS SELECTED FOR SCRUTINY AND AFTER DUE PROCESS, ASSESSMENT WAS COMPLETED U/S 143(3) OF THE ACT. THEREAFTER, THE LD. COMMISSIONER WHILE EXERCISING T HE POWER CONFERRED U/S 263 OF THE ACT DIRECTED THE A.O. TO RE-DO THE A SSESSMENT. THEREAFTER, THE A.O. HAS COMPLETED THE ASSESSMENT U /S 143(3) R.W.S. 263 OF THE ACT ON 27.3.2014 AS AGAINST THE ORDER OF THE A.O., ASSESSEE CARRIED MATTER IN APPEAL BEFORE THE TRIBUNAL. MEAN WHILE, THE ASSESSEE CARRIED MATTER IN APPEAL BEFORE THE TRIBUNAL AGAINS T THE ORDER PASSED BY THE LD. COMMISSIONER U/S 263 OF THE ACT. THE ITAT VISAKHAPATNAM VIDE ITA NO.274/VIZAG/2016 M/S. KALLAM HOUSING & REAL ESTATE PVT. LTD., GUNTUR 3 ITS ORDER IN ITA NO.242/VIZAG/2012 DATED 11.12.2015 IN THE ASSESSEES OWN CASE QUASHED THE ORDER PASSED BY THE LD. COMMIS SIONER U/S 263 OF THE ACT. 3. WHEN THE APPEAL TAKEN UP FOR HEARING BY THE LD. C IT(A), IT IS SUBMITTED THAT THE VERY BASIS ON WHICH ORDER PASSED U/S 263 OF THE ACT WAS QUASHED BY THE ITAT, THEREFORE, ALL CONSEQUENTI AL PROCEEDINGS ARE INVALID AND REQUESTED THAT APPEAL FILED BY THE REVE NUE MAY BE WITHDRAWN. THE LD. CIT(A) CONSIDERED THE REQUEST O F THE ASSESSEE AND ALLOWED THE APPEAL. 4. I FIND THAT THE VERY BASIS ON WHICH THE ORDER PA SSED BY THE A.O. U/S 143 R.W.S. 263 OF THE ACT IS QUASHED BY THE ITA T, VISAKHAPATNAM IN ITA NO.242/VIZAG/2012 (SUPRA). THEREFORE, ALL CONSE QUENTIAL PROCEEDINGS ARE NOT MAINTAINABLE, THEREFORE, THIS G ROUND OF APPEAL RAISED BY THE REVENUE IS DISMISSED. 5. THE ASSESSEE HAS FILED CROSS OBJECTION IN SUPPOR T OF ORDER OF THE LD. CIT(A). I DISMISSED APPEAL OF THE REVENUE FOR T HE REASONS RECORDED IN THE PRECEDING PARAGRAPHS. THE CROSS OBJECTION FI LED BY THE ASSESSEE ITA NO.274/VIZAG/2016 M/S. KALLAM HOUSING & REAL ESTATE PVT. LTD., GUNTUR 4 BECOMES INFRUCTOUS. THEREFORE, I DISMISS CROSS OBJE CTION FILED BY THE ASSESSEE AS INFRUCTOUS. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A ND THE CROSS OBJECTION RAISED BY THE ASSESSEE ARE DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 22 ND AUG16. SD/- ( . ) (V. DURGA RAO) /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 22.08.2016 VG/SPS '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE ACIT, CIRCLE-1(1), GUNTUR 2. / THE RESPONDENT M/S. KALLAM HOUSING & REAL ESTA TE PVT. LTD., D.NO. 4-20-9, 2 ND LINE, JKC NAGAR, OPP. KLP PUBLIC SCHOOL, GUNTUR-52 2 006. 3. ) / THE CIT, GUNTUR 4. ) ( ) / THE CIT(A)-1, GUNTUR 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM