Vensur India Builders and Developers, Hyderabad V. Dy. Commissioner of Income Tax , Central Circle-2(1), Hyderabad

ITA 1354/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9305 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 08-02-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 28-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: P MURALI MOHANA RAO
• Section: 153A; 208; 144

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 ITA NO. A.Y. APPELLANT RESPONDENT 1103/HYD/19 2010-11 VENSUR INDIA BUILDERS AND DEVELOPERS, HYDERABAD [PAN: AAGFV7672K] INCOME TAX OFFICER, WARD-14(1), HYDERABAD 1353/HYD/19 2011 - 12 DCIT, CENTRAL CIRCLE-2(1), HYDERABAD 1354/HYD/19 2013 - 14 1355/HYD/19 2016 - 17 FOR ASSESSEE : SHRI P.MURALI MOHANA RAO, AR FOR REVENUE : SHRI Y.V.S.T.SAI, CIT-DR DATE OF HEARING : 10-02-2021 (ITA NO.1103/H/19) & 18-02-2021 (ITA NOS.1353-1355/H/19) DATE OF PRONOUNCEMENT : 17-03-2021 O R D E R PER S.S.GODARA, J.M. : THESE FOUR ASSESSEES APPEALS FOR AYS.2010-11, 2011 -12, 2013-14 & 2016-17 ARISE FROM THE CIT(A)-12, HYDERABA DS SEPARATE ORDERS ALL DATED 28-09-2018, PASSED IN CASE NOS.10472, 10473, 10477 & 10478/2017-18 INVOLVING PROCEEDINGS U/S.144 R.WS.153A IN FORMER THREE AND U /S.144 OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT] IN LAST CASE; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. VENSUR INDIA BUILDERS AND DEVELOPERS (GROUP CASES) :- 2 -: 2. IT TRANSPIRES AT THE OUTSET THAT ALL THESE ASSESSEES APPEALS SUFFER FROM 208 DAYS DELAY IN AY.2010-11 A ND IDENTICAL 263 DAYS DELAY FOR THE LATTER THREE CASES; RESPECTIVELY, STATED TO BE ATTRIBUTABLE TO THE REASON(S) BE YOND ITS CONTROL AS PER THE CORRESPONDING CONDONATION PETITION(S)/AFFIDAVIT(S). IT IS STATED THAT THE IMPUGNED DELAY(S) HAS ARISEN ON ACCOUNT OF COMMUNICATION GAP BETWEEN ASSESSEE, ITS AUDITORS AND ARGUING COUNSELS OFFICE COMPLIED WITH MISPLACEMENT OF NECESSARY DOCUMENTS. ALL THESE FA CTS HAVE GONE UNREBUTTED FROM REVENUES SIDE. WE THUS QUO TE HON'BLE APEX COURTS DECISION COLLECTOR, LAND ACQUISI TION VS. MST.KATIJI & ORS [167 ITR 471] (SC) AND UNIVERSITY OF DELHI VS. UNION OF INDIA, CIVIL APPEAL NOS.9488 & 9489/2019, DT.17-12- 2019 HOLDING THAT THE CAUSE OF SUBSTANTIAL JUSTICE MUST PREVAIL OVER ALL OTHER TECHNICAL ASPECTS TO CONCLUDE THAT ASSES SEES IMPUGNED DELAY IS NEITHER INTENTIONAL NOR DELIBERATE B UT ON ACCOUNT OF CIRCUMSTANCES BEYOND ITS CONTROL. THE SAME STANDS CONDONED THEREFORE. 3. WE NOW ADVERT TO THE ASSESSEES IDENTICAL SUBSTANTIV E GROUND IN ALL THESE FOUR YEARS CHALLENGING LEGALITY OF SECTION 153A ASSESSMENTS ON VARIOUS FACETS AND ADDITION(S) O F RS.1,25,89,000/-, 1,40,42,000/-, 3,20,67,000/- AND RS.75 LAKHS ON SALE OF UNFURNISHED VILLAS, ASSESSMENT YEAR -WISE; RESPECTIVELY. THE SAME APPEAR TO HAVE BEEN MADE IN ASSESSING OFFICERS SECTION 144 BEST JUDGMENT ASSESSMENTS QUA SALE OF SEMI-CONSTRUCTED VILLAS. 4. WE PROCEED IN THIS FACTUAL BACKDROP TO NOTICE THAT TH E ASSESSING OFFICERS ASSESSMENT ORDER(S) IN PG.5 HAS DISCUSSED VENSUR INDIA BUILDERS AND DEVELOPERS (GROUP CASES) :- 3 -: THAT THE ASSESSEE HAD IN FACT SOLD FOUR PLOTS IN AY.2010 -11 AND FIVE PLOTS IN AY.2011-12. MEANING THEREBY THAT THERE IS NOT MUCH CLARITY ON THIS CLINCHING ASPECT AS TO WHETHER THE ASSESSEE HAD INFACT SOLD VACANT PLOTS OR SEMI-CONSTRUC TED VILLAS. RELEVANT FACTUAL POSITION IS NO DIFFERENT IN O THER IMPUGNED ASSESSMENT YEARS AS WELL. WE THEREFORE DEEM IT APPROPRIATE AT THIS STAGE TO RESTORE ALL THE ASSESSEES IN STANT APPEALS BACK TO THE ASSESSING OFFICER FOR HIS AFRESH APPROPRIATE ADJUDICATION AS PER LAW. THE ASSESSEE OR ITS AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE ASSE SSING OFFICER ON OR BEFORE 31-07-2021 ALONG WITH ALL THE R ELEVANT EVIDENCE TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIE S TO REBUT THE ALLEGED INCRIMINATING MATERIAL IN THESE FOUR ASSESS MENT YEARS; AT ITS OWN RISK AND RESPONSIBILITY. IT SHALL A LSO BE AT LIBERTY TO RAISE ALL FACTUAL AS WELL AS LEGAL ARGUMEN TS IN CONSEQUENTIAL PROCEEDINGS. 5. THESE ASSESSEES APPEALS ARE TREATED AS ALLOWED FO R STATISTICAL PURPOSES IN ABOVE TERMS. A COPY OF THIS C OMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH MARCH, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEMB ER HYDERABAD, DATED: 17-03-2021 TNMM VENSUR INDIA BUILDERS AND DEVELOPERS (GROUP CASES) :- 4 -: COPY TO : 1.VENSUR INDIA BUILDERS AND DEVELOPERS, C/O. P.MURA LI & CO., CHARTERED ACCOUNTANTS, 6-3-655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD. 2.THE DCIT, CENTRAL CIRCLE-2(1), HYDERABAD. 3.THE INCOME TAX OFFICER, WARD-14(1), HYDERABAD. 4.CIT(APPEALS)-12, HYDERABAD. 5.PR.CIT(CENTRAL), HYDERABAD. 6.D.R. ITAT, HYDERABAD. 7.GUARD FILE.