Rohini Green Energy Private Limited, Hyderabad V. DCIT., Central Circle-7, Hyderabad, Hyderabad

ITA 113/HYD/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2378 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 28-03-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 02-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K SRINIVAS REDDY
• Assessee Lawyers: S RAMA RAO
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 113/HYD/2015 ASSESSMENT YEAR: 2011-12 ROHINI GREEN ENERGY PVT. LTD., HYDERABAD. PAN AAELR 7428 Q VS. DY. COMMISSIONER OF INCOME- TAX, CENTRAL CIRCLE 7, HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S. RAMA RAO REVENUE BY : SHRI K. SRINIVAS REDDY DATE OF HEARING 28/03/2018 DATE OF PRONOUNCEMENT 28/03/2018 O R D E R PER P. MADHAVI DEVI, J.M.: THE ASSESSEE IS IN APPEAL AGAINST THE ORDER OF CIT (A) 12, HYDERABAD DATED 28/11/2014 FOR AY 2011-12. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: 1. THE ORDER OF LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) IS ERRONEOUS BOTH ON FACTS AND LAW. 2. THE LEARNED COMMISSIONER OF INCOME-TAX(APPEALS) ERRED IN CONFORMING ADDITION OF RS.1,48,00,000/- MADE BY THE ASSESSING OFFICER ON THE PLEA THAT CASH PAYMENT WAS MADE FROM UNEXPLAINED SOURCES WITHOUT CONSIDERING THE EXPLANA TION AND DOCUMENTARY EVIDENCES PRODUCED. 3. ANY OTHER GROUND THAT MAY BE URGED AT THE TIME O F HEARING. 2 ITA NO. 113 /HYD/2015 ROHINI GREEN ENERGY PVT. LTD. 2.1 FURTHER, THE ASSESSEE HAS FILED THE FOLLOWING A DDITIONAL GROUND OF APPEAL AND REQUESTED FOR ADMISSION AND ADJUDICAT ION OF THE SAME: THE AO ERRED IN INITIATING PROCEEDINGS U/S 153C OF THE IT ACT WITHOUT RECORDING THE REASONS FOR SUCH INITIATION A ND THE LEARNED CIT(A) OUGHT TO HAVE HELD THAT THE ASSESSMENT IS NO T VALID AS THE REASONS ARE NOT RECORDED. 3. SINCE THE ADDITIONAL GROUND RAISED BY THE ASSESS EE IS A LEGAL GROUND, THE SAME IS ADMITTED AND THE LD. DR WAS DIR ECTED TO GET A REPORT FROM THE AO AS TO WHETHER THE SATISFACTION F OR INITIATING PROCEEDINGS U/S 153C HAVE BEEN RECORDED BY THE AO. 4. LD. DR HAS FILED THE REPORT OF THE AO DATED 30/1 1/2017 ENCLOSING A LETTER DATED 29/03/2016 OF THE ITO, WAR D 3(2), HYDERABAD, REPORTING THAT THERE IS NO SATISFACTION NOTE ON FILE OF THE ASSESSEE. TAKING THE SAME INTO CONSIDERATION, WE AL LOW THE ADDITIONAL GROUND RAISED BY THE ASSESSEE AND HOLD THAT THE ASS ESSMENT COMPLETED U/S 143(3) READ WITH SECTION 153C OF THE ACT IS VOID AB- INITIO. SINCE THE VERY ASSESSMENT HAS BEEN HELD TO BE VOID, THE ADDITIONS MADE IN SUCH ASSESSMENT HAVE NO LEGS TO S TAND. THEREFORE, ORIGINAL GROUNDS OF APPEAL RAISED BY THE ASSESSEE A GAINST THE ADDITIONS CONFIRMED BY THE CIT(A), NEED NO ADJUDICA TION. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . PRONOUNCED IN THE OPEN COURT ON 28 TH MARCH, 2018. SD/- SD/- (B. RAMAKOTAIAH) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 28 TH MARCH, 2018 KV 3 ITA NO. 113 /HYD/2015 ROHINI GREEN ENERGY PVT. LTD. COPY TO:- 1) ROHINI GREEN ENERGY PVT. LTD., 2-1-88/1, ANAND N AGAR X ROADS, BANDLAGUDA X ROADS, HYDERABAD. 2) DCIT, CENTRAL CIRCLE 7, POSNETT BHAVAN, RAM KO TI, HYD. 3) CIT(A) 12, HYD. 4) CIT (CENTRAL), HYD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDE RABAD. 6) GUARD FILE