The Asst. Commissioner of Income Tax, Hyderabad V. Sri G. Amarnath Reddy, Hyderabad

ITA 1463/HYD/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77861 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-05-2014
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2000-2001
• Appeal Filed On: 04-11-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. P.MADHAVI DEVI, JUDICIAL MEMBER ITA NO.1463/HYD/13 : ASSESSMENT YEAR 2000 - 01 ITA NO.1464/HYD/13 : ASSESSMENT YEAR 2001 - 02 ASST. COMMISSIONER OF INCOME - CIRCLE 8(1), HYDERABAD V/S. SHRI G.AMARNATH REDDY, HYDER GUDA - - VILLAGE, RAJENDRANAGAR MANDAL, RANGAREDDY DISTRICT.(HYDERABAD) ( PAN - AAEPE 8218J ) (APPELLANT) (RESPONDENT) APPELLANT BY BY : SMT. K.HARITA DR RESPONDENT BY BY : SHRI S.RAMA RAO DATE OF HEARING 01.05.2014 DATE OF PRONOUNCEMENT 01.05.2014 O R D E R PER SMT. P.MADHAVI DEVI, JUDICIAL MEMBER: THESE TWO REVENUES APPEALS ARE FOR THE ASSESSMENT YEARS 2000 - 01 AND 2001 - 02. REVENUE IS AGGRIEVED BY THE ORDERS OF THE COMMISSIONER OF INCOME - TAX(APPEALS) III, HYDERABAD BOTH DATED 23.8.2013, GIVING RELIEFS TO THE ASSESSEE BY DELETING THE ADDITIONS MADE BY THE ASSESSING OFFICER ON PROTECTIVE BA SIS. 2. AT THE TIME OF HEARING, IT IS BROUGHT TO THE NOTICE OF THE BENCH THAT IN THE CASE, WHERE SUBSTANTIVE ADDITIONS HAVE BEEN MADE BY THE REVENUE, THE TRIBUNAL HAS SET ASIDE THE ISSUES TO THE FILE OF THE ASSESSING AUTHORITY, AND THEREFORE, IT IS PRAYE D THAT IN THESE TWO APPEALS ALSO, WHICH ARE AGAINST THE PROTECTIVE ASSESSMENTS, THE MATTERS MAY BE REMITTED TO THE FILE OF THE ASSESSING AUTHORITY. THE LEARNED COUNSEL FOR THE ASSESSEE ALSO CONFIRMED THAT 2 ITA NO. 1463 AND 1464/ HYD/2013 SHRI G.AMARNATH REDDY, HYDERGUDA VILL. , RAJENDRANAGAR MANDAL, RANGAREDDY DIST. ( HYDERABAD ) THE SUBSTANTIVE ASSESSMENTS ARE BEFORE THE ASSESSING AUTHORITY, DUE TO REMAND OF THE SAME BY THE ITAT. TAKING DUE NOTICE OF THE SAID SITUATION, WE REMIT THE ISSUES INVOLVED IN THESE MATTERS ALSO TO THE FILE OF THE ASSESSING AUTHORITY, WITH A DIRECTION TO RE - DO THE ASSESSMENT, AFTER CONSIDERING THE ADDITIONS , IF ANY, MADE, IN THE SUBSTANTIVE ASSESSMENTS. NEEDLESS TO MENTION THAT THE ASSESSING OFFICER SHALL GIVE FAIR OPPORTUNITY OF HEARING TO THE ASSESSEE BEFORE PASSING ANY ORDERS IN THE LIGHT OF OUR ABOVE OBSERVATIONS AND IN ACCORDANCE WITH LAW. 3. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION OF HEARING ON 1.5.2014 SD/ - SD/ - (CHANDRA POOJARI) (P.MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DT/ - 1ST M AY , 2014 COPY FORWARDED TO: 1. SHRI G.AMARNATH REDDY, 3 - 1 - 55, HYDERGUDA VILLAGE, RAJENDRA MANDAL, RANGA REDDY DISTRICT, (HYDERABAD) 2. 3. 4. 5 ASST COMMISSIONER OF INCOME - TAX, CIRCLE 8(1), HYDERABAD COMMISSIONER OF INCOME - TAX(APPEALS) III, HYDERABAD COMMISSIONER OF INCOME - TAX II, HYDERABAD DEPARTMENTAL REPRESENTATIVE ITAT, HYDERABAD B.V.S