Vijayender Tulla, Hyd, Hyderabad V. DCIT, Circle-6(1), Hyd, Hyderabad

ITA 1049/HYD/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3764 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 29-04-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 12-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A V RAGHURAM
• Keywords: Unexplained investment; Assessment record
• Section: 143(3); 201; 143(2); 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SHRI S ATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 1049 /HYD/201 5 (ASSESSMENT YEAR : 201 0 - 11 ) SHRI VIJAYENDER TULLA, 8 - 2 - 503, ROAD NO.7, BANJARA HILLS, HYDERABAD. PAN ACYPT 3259L VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 6(1), HYDERABAD. APPELLANT RESPONDENT APPELLANT BY : SHRI A.V. RAGHURAM. RESPONDENT BY : SHRI SUNIL KUMAR PANDEY (D.R.) DATE OF HEARING : 29.04 .2021. DATE OF PRONOUNCEMENT : 25 .05. 2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 2014 - 15 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - VI , HYDERABAD S ORDER DT. 7.5.2015 PASSED IN CASE NO. 01360/DCIT 6(1)/CIT(A) - VI/2014 - 15 IN PROCEEDINGS UNDER SECTION 143(3) R.W.S. 148 OF INCOME TAX ACT, 1961 (THE ACT). 2 ITA NO. 1049/HYD/2015 HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2. APART FROM THE ASSESSEE'S MAIN ISSUE SEEKING TO REVERSE BOTH THE LEARNED LOWER AUTHORITIES ACTION MAKING SECTION 69 UNEXPLAINED INVESTMENT ADDITION OF RS.3.30 CRORES IN THE COURSE OF ASSESSMEN T DT.10.03.2014 AS AFFIRMED IN THE CIT(A)S ORDER . I T EMERGES AT THE OUTSET THAT H E HAS FILED A PETITION DT.25.09.2017 SEEKING TO RAISE AN ADDITIONAL GROUND THAT THE IMPUGNED ASSESSMENT ITSELF IS INVALID SINCE FRAMED WITHOUT ISSUING 143(2) NOTICE AS PER T HE CASE LAW ACIT VS. HOTEL BLUEMOON 321 ITR 360 (SC). 3. LEARNED DEPARTMENT REPRESENTATIVE STRONGLY OPPOSED THE ADMISSION OF ASSESSEE'S FOREGOING ADDITIONAL GROUND ( S ) ALONG WITH SIMILAR OTHER ISSUES, LEGAL AS WELL AS FACTUAL IN NATURE , FOR THE REASON THAT THE SAME TEND TO GIVE ALTOGETHER A NEW TEXTURE TO THE ASSESSEE'S ALREADY PLEADED ISSUES ONCE AND THEREFORE, THE FOREGOING PETITION DESERVES TO BE DECLINED. 4. WE FIND NO MERIT IN THE R EVENUES INSTANT TECHNICAL STAND SINCE THE ASSESSEE FOREGOING ADDITIONAL GROUND(S); MORE PARTICULARLY THAT OF NON - ISSUANCE OF 143(2) NOTICE BEFORE FRAMING 3 ITA NO. 1049/HYD/2015 THE IMPUGNED ASSESSMENT, GOES TO THE ROOT OF THE MATTER. HON'BLE APEX COURT LAND MARK DECISION IN NTPC LTD. VS. CIT 229 ITR 383 (SC), A S CONSIDERED IN ALL CARGO GLOBAL LOGISTICS LTD. VS. DCIT (2012) 137 ITD 2 6 (SB) (MUM) HOLDS THAT WE CAN VERY WELL ENTERTAIN ADDITIONAL GROUND ( S ) SO AS TO DETERMINE CORRECT TAX LIABILITY OF AN A SSESSEE PROVIDED ALL THESE RELEVANT FACTS ARE ALREADY ON RECORD. WE THUS ACCEPT THE ASSESSEE'S PETITION(S) SEEKING TO RAISE THE ABOVE STATED LEGAL GROUND ALONG WITH SIMILAR OTHER PLEADINGS. 5 . NOW WE COME TO LEGALITY OF THE IMPUGNED ASSESSMENT IN A BSENCE OF SECTION 143(2) NOTICE. MR. PANDEY INVITED OUR ATTENTION TO THE ASSESSMENT ORDER DT.10.03.2014 IN PAGE 2 S 1ST PARA THAT HE HAD INDEED ISSUE D SUCH A NOTICE TO THE ASSESSEE BEFORE FRAMING THE IMPUGNED ASSESSMENT. THE ASSESSING OFFICER HAS ALSO FILED IT S REMAND REPORT DT.10.09.2018 TO TH E EFFECT THAT ALTHOUGH THE ASSESSMENT ORDER DULY MENTIONS SECTION 143(2) NOTICE, BUT NO SUCH NOTICE HAS BEEN FOUND AS PART OF THE ASSESSMENT RECORD S . THE ASSESSEE HAS FILED ASSESSMENT NOTI NGS BEFORE US RIGHT FROM SECTION 148 NOTICE S ISSUANCE ALONG 4 ITA NO. 1049/HYD/2015 WITH REASON S UPTO THE DATE OF REASSESSMENT ITSELF 10.03.2014 W HICH NOWHERE STA T E S ANYTHING ABOUT ANY SUCH SECTION 143(2) NOTICE. THE ASSESSMENT FINDINGS TO THIS EFFECT GO CONTRARY TO THE ASSESSMENT RECORD S THEREFORE AND STAND REJECTED ACCORDINGLY. WE CONCLUDE IN LIGHT OF HON'BLE APEX COURT LANDMARK DECISION (SUPRA) THAT AN ASSESSMENT FRAMED WITHOUT ISSUING 143(2) NOTICE IS INDEED AN INVALID ONE ; SQUARELY APPLIES IN ASSESSEE'S FAVOUR AND AGAINST THE DEPARTMENT. WE ACCOR DINGLY QUASH THE IMPUGNED ASSESSMENT DT.10.03.2014 FOR THIS PRECISE REASON ALONE. 6 . ALL OTHER PLEADINGS ON LEGAL ASPECTS AS WELL AS ON MERIT S ARE RENDERED INFRUCTUOUS. 7 . THIS ASSESSEE'S APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COUR T ON 25TH MAY, 2021. SD/ - SD/ - (LAXMI PRASAD SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 25 .05. 2021. * REDDY GP 5 ITA NO. 1049/HYD/2015 COPY TO : 1. SHRI VIJAYENDER TULLA, 8 - 2 - 503, ROAD NO.7, BANJARA HILLS, HYDERABAD. 2. DY. COMMISSIONER OF INCOME TAX, CIRCLE 6(1), HYDERABAD. 3. PR. C I T , HYDERABAD. 4. CIT(APPEALS) - 6, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.