Asst. Commissioner of Income Tax, Central Circle-3(1), Suryapet V. Goruganti Damodar Rao, Hyderabad

ITA 1078/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2586 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 13-05-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 23-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARAYANA MURTHY NAIK
• Assessee Lawyers: A V RAGHURAM
• Section: 271(1)(c); 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1078/HYD/2017 ASSESSMENT YEAR: 2009-10 ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD VS SRI GORUGANTI DAMODAR RAO, SURYAPET [PAN: BCCPG4043G] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI NARAYANA MURTHY NAIK, DR FOR ASSESSEE : SHRI A.V.RAGHURAM, AR DATE OF HEARING : 13-05-2021 DATE OF PRONOUNCEMENT : 23-06-2021 O R D E R PER S.S.GODARA, J.M. : THIS REVENUES APPEAL FOR AY.2009-10 ARISES FROM THE CIT(A)-11, HYDERABADS ORDER DATED 27-02-2017 PASSED IN CASE NO.091/DCIT CC-3(1)/CIT(A)-11, HYD/15-16, IN PROCEE DINGS U/S.271(1)(C) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. COMING TO THE REVENUES SOLE SUBSTANTIVE GRIEVANCE RAISED IN THE INSTANT APPEAL THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING SECTION 271(1)(C) PENALTY OF RS.7,77,58,046/- CULMINATING FROM SECTION 143(3) R. W.S.153C ASSESSMENT FRAMED ON 31-12-2011, WE NOTICE AT THE OUTSE T ITA NO. 1078/HYD/2017 :- 2 -: THAT THE SAME HAS NO LEGS TO STAND AS ON DATE IN VIEW OF THE CIT(A)-12, HYDERABADS ORDER DT.29-03-2021 PASSED IN APPEAL NO.10151/2019-20 QUASHING THE ASSESSMENT ITSELF FOR W ANT OF A VALID SATISFACTION NOTE FROM THE ASSESSING OFFICERS END. THIS CLINCHING DEVELOPMENT HAS GONE UN-REBUTTED FROM THE DEPARTMENTAL SIDE. 3. FACED WITH THIS SITUATION, WE HOLD THAT THE IMPUGNED PENALTY PROCEEDINGS STAND RENDERED AS NON-EST AS A NE CESSARY COROLLARY TO THE CIT(A)S QUANTUM ORDER. THE REVENUE S INSTANT SOLE SUBSTANTIVE GROUND IS DECLINED AT THE THRESHOLD I TSELF FOR THIS PRECISE REASON ALONE. ORDERED ACCORDINGLY. 4. THE REVENUES APPEAL IS DISMISSED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD JUNE, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 23-06-2021 TNMM ITA NO. 1078/HYD/2017 :- 3 -: COPY TO : 1.ASST.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3 (1), HYDERABAD. 2.SRI GORUGANTI DAMODAR RAO, 1-8-84/5/5/A1, BHAGATSINGH NAGAR, SURYAPET. 3.CIT(APPEALS)-11, HYDERABAD. 4.PR.CIT-CENTRAL, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.