Asst. Commissioner of Income Tax, Circle-15(1), Hyderabad V. Avasarala Venkateswara Rao, Hyderabad

ITA 1306/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6983 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2012-2013
• Appeal Filed On: 27-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: T CHAITANYA KUMAR
• Section: 271(1)(c); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 1306/HYD/2017 A.Y. 2012 - 13 ACIT, CIRCLE - 15(1), HYDERABAD. VS. AVASARALA VENKATESWARA RAO, HYDERABAD. PAN: AAYPA 1586 F (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI T. CHAITANYA KUMAR REVENUE BY: SHRI Y.V.S.T. SAI, CIT - DR DATE OF HEARING: 25/03/2021 DATE OF PRONOUNCEMENT: 08 /04/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) - 7, HYDERABAD IN APPEAL NO. 209/CIT(A) - 7/2015 - 16, DATED 22/3/2017 PASSED U/S. 271(1)(C) R.W.S 250(6) OF THE ACT FOR THE A.Y. 2012 - 13. 2. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS IN ITS APPEAL AND THEY ARE EXTRACTED HEREIN BELOW FOR REFERENCE: - 1. THE LD. CIT(A) ERRED BOTH ON FACTS AND LAW OF THE CASE. 2 2. THE LD. CIT(A) ERRED IN DELETING THE PENALTY OF RS. 3,00,35,9 15/ - LEVIED U/S. 271(1)(C). 3. THE LD. CIT(A) ERRED IN DELETING THE PENALTY WITHOUT APPRECIATING THE FACTS BROUGHT ON RECORD BY THE ASSESSING OFFICER. 4. ANY OTHER GROUND(S) THAT MAY BE URGED AT THE TIME OF HEARING. 3. AT THE OUTSET, THE LD. DR SUBMITTED THAT THE CORE ISSUE INVOLVED IN THIS APPEAL IS THE LEVY OF PENALTY U/S 271(1)(C) OF THE ACT ON THE ADDITION MADE BY THE LD. AO AND CONFIRMED BY THE CIT (A). THE LD. DR FURTHER SUBMITTED THAT SINCE THE QUANTUM APPEAL IN THE CASE OF THE ASSESSEE WAS SET - ASIDE TO THE FILE OF THE LD. A.O., THIS APPEAL BEING PENALTY APPEAL CONNECTED TO THE QUANTUM ADDITIONS MAY ALSO BE REMANDED TO THE FILE OF THE LD. A.O. FOR FRESH ADJUDICATION. ON THE OTHER HAND, THE LD. AR SUPPORTED THE ORDER OF THE LD. CIT(A). 4 . AFTER HEARING BOTH SIDES AND ON PERUSAL OF THE MATERIAL AVAILABLE ON RECORD, WE ARE OF THE VIEW THAT THE SINCE THE QUANTUM APPEAL IN THE CASE OF THE ASSESSEE WAS SET - ASIDE TO THE FILE OF THE LD. A.O., THIS APPEAL BEING PENALTY APPEAL CONNECTED TO THE QUA NTUM ADDITIONS SHOULD ALSO BE REMANDED TO THE FILE OF THE LD. A.O. FOR FRESH ADJUDICATION. ACCORDINGLY , THE MATTER IS REMITTED BACK TO T HE FILE OF LD. A.O. IN ORDER TO ADJUDICATE TH E APPEAL AFTER CONSIDERING THE OUTCOME OF THE ISSUES RAISED IN THE QUANTUM APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT , THE APPEAL FILED BY THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES AS INDICATED HEREINABOVE . 3 PRONOUNCED IN THE OPEN COURT ON THE 08 TH APRIL , 2021. SD/ - SD/ - ( P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 08 TH APRIL , 2021. OKK COPY TO: - 1) SRI AVASARALA VENKATESWARA RAO, PLOT NO. 16, ANUPURAM COLONY, ECIL POST, HYDERABAD. 2) ACIT, CIRCLE - 15(1), R.NO. 545, D - BLOCK, 5 TH FLOOR, INCOME TAX TOWERS, AC GUARDS, HYDERABAD 500 004. 3) THE CIT(A) - 7 , HYDERABAD . 4) THE PR. CIT - 7 , HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE