N. Lakshmana Rao, Vijayawada V. The Income-tax Officer, Vijayawada

CO 52/VIZ/2013

• Counselvise Citation: [2016] 119 COUNSELVISE.COM (IT) 3313 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 9 month(s) 14 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 19-04-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 07-12-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 05-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M NARAYANA RAO
• Keywords: Gift; Revised return
• Section: 147; 148

Judgement Text

ITA NOS.30 TO 33/VIZAG/2013 & C.O. NOS.51 TO 54/VIZ AG/2013 N. LAKSHMANA RAO, VIJAYAWADA 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . , $ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./I.T.A.NOS.30 TO 33/VIZAG/2013 ( / ASSESSMENT YEARS: 2006-07 TO 2009-10) ITO, WARD - 2(3) VIJAYAWADA VS. N. LAKSHMANA RAO VIJAYAWADA [PAN: ACJPN2497F ] ( % / APPELLANT) ( &'% / RESPONDENT) C.O. NOS.51 TO 54/VIZAG/2013 (ARISING OUT OF I.T.A.NOS.30 TO 33/VIZAG/2013 ) ( / ASSESSMENT YEARS: 2006-07 TO 2009-10) N. LAKSHMANA RAO VIJAYAWADA VS. ITO, WARD - 2(3) VIJAYAWADA ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : SHRI M. NARAYANA RAO, DR / RESPONDENT BY : SHRI G.V.N. HARI, AR / DATE OF HEARING : 12.04.2016 / DATE OF PRONOUNCEMENT : 19.04.2016 ITA NOS.30 TO 33/VIZAG/2013 & C.O. NOS.51 TO 54/VIZ AG/2013 N. LAKSHMANA RAO, VIJAYAWADA 2 / O R D E R PER BENCH: THESE CROSS APPEALS FILED BY THE REVENUE AS WELL A S ASSESSEE ARE DIRECTED AGAINST THE SEPARATE, BUT IDENTICAL ORDERS OF CIT(A), VISAKHAPATNAM FOR THE ASSESSMENT YEARS 2006-07 TO 2 009-10 DATED 14.11.2012. SINCE, THE FACTS ARE IDENTICAL AND ISS UES ARE COMMON, THEY ARE CLUBBED, HEARD TOGETHER AND DISPOSED OFF, BY WA Y OF THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. FACTS ARE IN BRIEF THAT THE ASSESSEE IS AN INDIV IDUAL FILED A RETURN OF INCOME BY DECLARING TOTAL INCOME OF ` 1,02,519/- AND AGRICULTURAL INCOME OF ` 90,000/-. THE RETURN FILED BY THE ASSESSEE WAS PR OCESSED U/S 143(1) OF THE INCOME TAX ACT, 1961 (HEREINAFTER CAL LED AS 'THE ACT') AND THEREAFTER THE ASSESSMENT WAS RE-OPENED BY ISSUING A NOTICE U/S 148 OF THE ACT. THE ASSESSEE IN RESPONSE TO THE RE-OPENIN G NOTICE ISSUED BY THE A.O., HE HAS FILED A REVISED RETURN OF INCOME B Y DECLARING TOTAL INCOME OF ` 1,04,941/- AND AGRICULTURAL INCOME OF ` 90,000/-. THE A.O. HAS COMPLETED THE ASSESSMENT U/S 143 R.W.S. 147 OF THE ACT AND ASSESSED TOTAL TAXABLE INCOME OF ` 64,51,942/- BY MAKING ADDITIONS ON ACCOUNT OF OPENING BALANCE, GIFT RECEIVED ON ACCOUN T OF DAUGHTERS MARRIAGE, GIFT RECEIVED FROM APPELLANTS SON AND CR OP LOAN RECEIVED FROM ITA NOS.30 TO 33/VIZAG/2013 & C.O. NOS.51 TO 54/VIZ AG/2013 N. LAKSHMANA RAO, VIJAYAWADA 3 SBI, ETC. ON APPEAL, THE CIT(A) HAS DELETED THE AD DITIONS PARTLY BY CONSIDERING THE DETAILS SUBMITTED BY THE ASSESSEE. 3. AS AGAINST THE ORDER OF THE CIT(A), REVENUE AS W ELL AS ASSESSEE ARE IN APPEAL BEFORE THE TRIBUNAL. AT THE TIME OF HEARING, THE LD. D.R. HAS SUBMITTED THAT BEFORE THE A.O., THE ASSESSEE HA S NOT FILED ANY DETAILS AND NO EXPLANATION WAS GIVEN. THE ASSESSEE FILED DETAILS ONLY BEFORE THE LD. CIT(A). THE LD. CIT(A) WITHOUT CALL ING THE REMAND REPORT SIMPLY ALLOWED THE CASE OF THE ASSESSEE AND SUBMITT ED THAT THERE IS VIOLATION OF RULE 46A IN THIS CASE. 4. ON THE OTHER HAND, THE LD. COUNSEL FOR THE ASSES SEE HAS SUBMITTED THAT ALL THE ISSUES MAY BE REMITTED BACK TO THE A.O . FOR FRESH ADJUDICATION. THE LD. D.R. HAS ALSO MADE THE SAME REQUEST. 5. BY CONSIDERING THE REQUEST MADE BY BOTH THE PART IES, WE ARE OF THE OPINION THAT ALL THE ISSUES HAVE TO BE REMITTED BACK TO THE A.O. IN THE INTEREST OF JUSTICE. ACCORDINGLY, WE SET ASIDE THE ORDER PASSED BY THE LD. CIT(A) IN ALL THESE APPEALS AND WE REMIT TH E MATTER BACK TO THE A.O. FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. HENCE, ALL THESE ITA NOS.30 TO 33/VIZAG/2013 & C.O. NOS.51 TO 54/VIZ AG/2013 N. LAKSHMANA RAO, VIJAYAWADA 4 APPEALS FILED BY THE REVENUE AS WELL AS CROSS APPEA LS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 19 TH APR16. SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 19.04.2016 VG/SPS '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE ITO WARD-2(3), VIJAYAWADA 2. / THE RESPONDENT NUTAKKI LAKSHMANA RAO, 32-02-9C , FLAT NO.501, LOKESH TOWERS, MOGHALRAJPURAM, VIJAYAWADA 3. ) / THE CIT, VIJAYAWADA 4. ) ( ) / THE CIT(A), VIJAYAWADA 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM