Brightcom Group Limited (formerly known as Lycos Internet Limited ), Hyderabad V. Asst. Commissioner of Income Tax, Circle-6(1), Hyderabad

ITA 1194/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9521 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 25-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: P MURALI MOHANA RAO

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. 1194/HYD/2019 ASSESSMENT YEAR: 2014-15 BRIGHTCOM GROUP LIMITED, (EARLIER KNOWN AS LYCOS INTERNET LIMITED), HYDERABAD [PAN: AAACL5827B] VS ACIT, CIRCLE-16(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI P.MURALI MOHANA RAO, AR FOR REVENUE : SHRI Y.V.S.T.SAI, CIT-DR DATE OF HEARING : 17-02-2021 DATE OF PRONOUNCEMENT : 18-03-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2014-15 ARISES FROM TH E CIT(A)-4, HYDERABADS ORDER DATED 28-09-2018 PASSED IN APPEAL NO.10193/17-18/ACIT, CIR.16(1)/CIT(A)-4/HYD/ 18-19 IN PROCEEDINGS U/S.144 R.W.S.147 OF THE INCOME TAX A CT, 1961 [IN SHORT, THE ACT]. HEARD BOTH PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET WITH THE ABLE ASSISTANCE O F BOTH THE PARTIES THAT THE CIT(A) HAS DECLINED THE ASSESSE ES APPEAL IN LIMINE FOR THE REASON THAT IT HAD NOT PAID SELF- ASSESSMENT TAX OF RS.4,36,52,738/- U/S.140A OR ADVANC E TAX U/S.208 & 219 OF THE ACT; RESPECTIVELY. ITA NO. 1194/HYD/2019 :- 2 -: 3. LEARNED COUNSELS ONLY ARGUMENT DURING THE COURSE OF HEARING IS THAT THE ASSESSEE HAS NOW PAID THE DEFAULT A MOUNT OF TAX AND THEREFORE, IT IS VERY MUCH ENTITLED FOR ADMI SSION OF ITS LOWER APPEAL. WE NOTICE IN THIS FACTUAL BACKDROP THA T TRIBUNALS CO-ORDINATE BENCH DECISION IN SHAMRAJ MOOR JANI VS. DCIT (2005) 93 TTJ (HYD) 927 TAKES INTO CONSIDERATION VARIOUS CASE LAW I.E., I. CIT VS. FILMISTAN LTD., [42 ITR 163] (SC); II. ANIL SANGHI VS. ACIT (2003) [85 ITD 73]; (ITAT, DELHI, SPECIAL BENCH); III. MELA RAM AND SONS VS. CIT [29 ITR 607] (SC); TO HOLD THAT APPEALS FILED BEFORE THE CIT(A) SHOULD BE DEEMED AS PROPERLY FILED ON THE DATE OF PAYMENT OF ADMITTED TAX ON RETURNED INCOME, THOUGH THE MEMO OF APPEAL WAS PRESEN TED WITHIN TIME AND ALL THAT REMAINS FOR CONSIDERATION BEFO RE THE CIT(A) IS WHETHER THE DELAY OUGHT BE CONDONED OR NOT. WE FOLLOW THE VERY COURSE OF ACTION HEREIN AS WELL AND R ESTORE THE ASSESSEES INSTANT APPEAL BACK TO THE CIT(A) FOR HIS AFRESH APPROPRIATE ADJUDICATION IN ABOVE TERMS. THE ASSESSEE SHALL APPEAR ON OR BEFORE 31-08-2021 WITH ALL THE DETAILS OF PAYMENTS OF TAX DUE, AT ITS OWN RISK AND RESPONSIBILI TY. 4. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR S TATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MARCH, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 18-03-2021 TNMM ITA NO. 1194/HYD/2019 :- 3 -: COPY TO : 1.BRIGHTCOM GROUP LIMITED (EARLIER KNOWN AS LYCOS I NTERNET LIMITED), C/O.P.MURALI & CO., CHARTERED ACCOUNTANTS , 6-3-655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD. 2.THE ACIT, CIRCLE-16(1), HYDERABAD. 3.CIT(APPEALS)-4, HYDERABAD. 4.PR.CIT-4, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.