Sree KTM Trust, Hyderabad V. Income Tax Officer(TDS), Ward-2(2), Hyderabad

ITA 1091/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2262 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 08-06-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 25-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJIV RANKA
• Assessee Lawyers: S RAMA RAO
• Keywords: TDS
• Section: 201(1); 201; 263; 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO S . 1088 TO 1092 /HYD./20 18 ASSESSMENT YEAR S : 20 09 - 10 TO 2013 - 14 SREE KTM TRUST VS. ITO, WARD 2(2) HYDERABAD HYDERABAD [PAN: AA GTS1988R ] (APPELLANT) (RESPONDENT) FOR APPELLANT : SRI S. RAMA RAO, ADV. FOR RESPONDENT : S HRI R AJIV RANKA & ROHIT MUJUMDAR, DR DATE OF HEARING : 08 /0 6 /2021 DATE OF PRONOUNCEMENT : 30 /06/2021 O R D E R PER S.S. GODARA, J.M. THESE ASSESSEES FIVE APPEALS FOR A.Y. 2009 - 10 TO 2013 - 14 ARISE AGAINST CIT (TDS), HYDERABADS SEPARATE ORDERS; ALL DATED 27.3.2018 TERMING THE CORRESPONDING ORDER(S)/ASSESSMENT(S) U/S 201(1) AND 201 (1A) OF THE INCOME TAX ACT, 1961 FOR SHORT THE ACT, AS ERRONEOUS ONES CAUSING PREJUDICE TO THE INTEREST OF REVENUE, IN REVISION PROCEEDINGS U/S 263 OF THE ACT; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. IT TRANSPIRES AT THE OUTSET WIT H THE ABLE ASSISTANCE OF BOTH THE PARTIES AND AFTER PERUSING ALL THESE CASE FILES THAT WE NEED NOT DELVE MUCH DEEPER IN FACTS IN ANY OF THE INSTANT FIVE APPEALS. ITA NOS. 1088 TO 1092/HYD/2018 AY: 2009 - 10 TO 2013 - 14 SREE KTM TRUST, HYDERABAD 2 SUFFICE TO SAY, THE ASSESSING OFFICER HAD FRAMED HIS ASSESSMENTS BY PASSING SEC 201(1) AND 201 (1A) ORDERS DATED 30 TH MARCH, 2016 RAI SING THE TDS DEMANDS IN ISSUE. THE ASSESSEE HAS FILED ITS FIVE APPEALS BEFORE THE CIT(A) - 8 ON 5.5.2016 WHICH STOOD ALLOWED ON 25.9 . 2017. 3. WE NEXT NOTICE THAT THE CIT(A)S SECTION 263 REVISION SHOW CAUSE NOTICE STOO D ISSUED TO THE ASSESSEE ON 9.2.2018 I.E. MUCH AFTER THE CIT (A) S ABOVE STATED LOWER APPELLATE ORDER ( S ) DATED 25.09.2017 . NEEDLESS TO SAY , THE CIT HEREIN HAS NEXT DIRECTED THE ASSESSING OFFICER TO PASS AFRESH SEC 201(1) ORDER (S) THEREBY TERMING THE EARLIER ONES AS ERRONEOUS ONES CAUSING PREJUDICE TO INTEREST OF THE REVENUE. 4. WE HAVE GIVEN OUR THOUGHTFUL CONSIDERATION TO RIVAL PLEADINGS AGAINST AND IN SUPPORT OF CITS IMPUGNED REVISION DIRECTIONS. WE FIND NO MERIT TO SUSTAIN THE SAME IN VIEW OF SEC . 263 EXPLANATION 1(C ) THAT THE REVISION JURISDICTION OUGHT NOT TO BE ASSUMED IN SUCH MATTERS AS HAS NOT BEEN CONSIDERED AND DECIDED IN SUCH APPEAL. WE CONCLUDE IN THIS FACTUAL BACKDROP ONCE THE CIT(A) HAD DULY CONSIDERED AND DECIDED THE ASSESSEES A PPEALS IN ITS FAVOUR SO FAR AS THE IMPUGNED SOLE ISSUE OF SEC. 201(1) /201(1A) IS CONCERNED, THE CITS ACTION INVOKING SEC.263 REVISION JURISDICTION IS NOT SUSTAINABLE IN LAW. ALL OF HIS ORDERS UNDER CHALLENGE HEREIN STAND REVERSED FOR THIS PRECISE REASON ALONE THEREFORE . THESE FIVE APPEALS OF THE ASSESSEE ARE ALLOWED. THESE ASSESSEES FIVE APPEALS ARE ALLOWED IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN OPEN COURT ON 30 /06/2021. SD/ - SD/ - (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 30 TH JUNE, 2021 *GMV ITA NOS. 1088 TO 1092/HYD/2018 AY: 2009 - 10 TO 2013 - 14 SREE KTM TRUST, HYDERABAD 3 COPY OF ORDER FORWARDED TO: 1. SREE KTM TRUST, 1 - 2 - 8888/23/1, DOMALGUDA, HYDERABAD, TELANGANA 2. ITO (TDS), WARD 2(2), HYDERABAD 3. JCIT, RANGE 2, HYDERABAD 4 CIT (TDS), HYDERABAD 5 PR.CIT - TDS, HYDERABAD . 6 D.R. ITAT HYDERABAD 7 GUARD FILE