Syed Irfanuddin, Hyderabad V. Deputy Commissioner OF Income Tax Central Circle2-(2), Hyderabad

ITA 101/Hyd/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6588 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 26-08-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 08-02-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROHIT MUJUMDARDR
• Assessee Lawyers: P MURALI MOHAN RAO
• Section: 143(3); 154

Judgement Text

ITA NO 101 OF 2021 SYED IRFANUDDIN HYDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO.101/HYD/2021 ASSESSMENT YEAR: 2009-10 SRI SYED IRFANUDDIN, HYDERABAD PAN:AAPPI4693A VS. DY. C.I.T CENTRAL CIRCLE 2(2) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI P. MURALI MOHAN RAO REVENUE BY : SRI ROHIT MUJUMDAR,DR DATE OF HEARING: 26/08/2021 DATE OF PRONOUNCEMENT: 08/09/2021 ORDER PER S. S. GODARA, J.M. THIS ASSESSEES APPEAL FOR THE A.Y 2009-10 ARISES AGAINST THE ORDER OF THE CIT (A)-12, HYDERABAD, DAT ED 25.11.2020 PASSED IN CASE NO.10159/2019-20 IN PROCEEDINGS U/S 154 OF THE I.T. ACT. HEARD BOTH THE PARTIES AND CASE FILE PERUSED 2. WITH THE ABLE ASSISTANCE COMING FROM BOTH THE PA RTIES, WE NOTICE AT THE OUTSET THAT THE ASSESSING OFFICER HAD INVOKED HIS SECTION 154 RECTIFICATION JURISDICTION FOR REITERAT ING LTCG ADDITION OF RS.15,66,394/-. THE REVENUES CASE AS PER THE FA CTS ON RECORD IS THAT THE ASSESSING OFFICER HAD MADE THE SAME IN 143(3) ASSESSMENT FRAMED ON 31.10.2014; WHICH IN TURN, WAS UPHELD IN ITA NO 101 OF 2021 SYED IRFANUDDIN HYDERABAD PAGE 2 OF 2 THE CIT (A)S ORDER DATED 10.12.2014 FOLLOWED BY TH E CONSEQUENTIAL GIVING EFFECT ORDER IN ISSUE DATED 22.3.2016 COMM ITTING AN APPARENT MISTAKE BY NOT ADDING THE FOREGOING SUM. I T IS VEHEMENTLY CONTENDED FROM THE DEPARTMENTAL SIDE THA T THE ASSESSING OFFICER HAD OMITTED TO MAKE THE IMPUGNED ADDITION DESPITE THE FACT OF THE SAME HAVING BEEN UPHELD FOR THE CIT (A)S LOWER APPELLATE ORDER. 3. WE FIND THAT THE RELEVANT FACTS ON RECORD ARE AL TOGETHER ON DIFFERENT LINES. THE ASSESSING OFFICER APPEARS T O HAVE ISSUED HIS SECTION 154 RECTIFICATION SHOW CAUSE FOR ADDING LTCG OF RS.5,00,000/- ONLY, WHEREAS HE ENDED UP MAKING THE IMPUGNED ADDITION OF RS.15,66,394/-. THIS IS THEREFORE, AN I NSTANCE WHEREIN THE IMPUGNED ADDITION SOUGHT TO BE MADE IN SECTION 154 RECTIFICATION JURISDICTION NEVER FORMED PART OF THE SHOW CAUSE NOTICE. WE, THEREFORE, SEE NO MERIT TO SUSTAIN THE IMPUGNED ADDITION OF RS.15,66,394/- SINCE GOING AGAINST THE ASSESSING OFFICER RECTIFICATION SHOW CAUSE NOTICE. THIS ADDIT ION IS DELETED ACCORDINGLY. 4. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS . ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH SEPTEMBER,2021. SD/- SD/- (LAXMI PRASAD SAHU) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER HYDERABAD, DATED 8 TH SEPTEMBER, 2021. VINODAN/SPS COPY TO: S.NO AD DRESS ES 1 SRI SYED IR FANUDDIN C/O P MURALI & CO. C.AS, 6 - 3 - 655/2/3 SOMAJIGUDA, HYDERABAD 500082 2 DY.CIT CENTRAL CIRCLE 2(2) HYDERABAD 3 CIT (A) - 12, HYDERABAD 4 PR. CIT 2, HYDERABAD 5 DR, ITAT HYDERABAD BENCHES 6 GUARD FILE BY ORDER