TSI Business Parks (Hyderabad) Private Limited, Hyderabad, Secunderabad V. DCIT, Circle-2(3), Hyderabad, Hyderabad

ITA 1601/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3163 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2011-2012
• Appeal Filed On: 29-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M V ANIL KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1601/HYD/2016 ASSESSMENT YEAR: 2011-12 TSI BUSINESS PARKS (HYDERABAD) PRIVATE LIMITED, HYDERABAD [PAN: AACCT4067B] VS DY.COMMISSIONER OF INCOME TAX-2(3), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI M.V.ANIL KUMAR, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 28-04-2021 DATE OF PRONOUNCEMENT : 14-06-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2011-12 ARISES FROM TH E CIT(A)-2, HYDERABADS ORDER DATED 29-07-2016 PASSED IN CASE NO.0181/2014-15, IN PROCEEDINGS U/S.143(3) OF THE IN COME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. ITA NO. 1601/HYD/2016 :- 2 -: 2. THE ASSESSEE HAS PROPOSED THE FOLLOWING SUBSTANTIVE GROUND IN THE INSTANT APPEAL : 1. THE CIT(A) OUGHT TO HAVE APPRECIATED THE FACT T HAT THE ASSESSING OFFICER HAVING ACCEPTED THE FACT THAT THE AMOUNT OF RS. 3,25,40,208/- RECEIVED FROM APIIC HAS BEEN PROPERLY ACCOUNTED FOR IN THE BOOKS, THE ADDITION MAY BE DELETED. 2. THE CIT(A) AS WELL AS THE ASSESSING OFFICER ERRE D IN LAW AND FACTS OF THE CASE IN CONSIDERING REIMBURSEMENT OF EXPENSE S OF RS. 3,25,40,208/- RECEIVED FROM APIIC AS INCOME AND ERR ONEOUSLY MADE ADDITION OF THE SAME. 3. YOUR APPELLANT SUBMITS THAT THE CIT(A) AND THE A SSESSING OFFICER ON SUSPICION, ASSUMPTION, PRESUMPTIONS AND SURMISES THAT ADDED THE AMOUNT OF RS.3,25,40,208/-, REFLECTED IN THE FONN26 AS HAS TO BE CONSIDERED AS INCOME, IGNORING THE FACT THAT THE AM OUNT HAS BEEN RECEIVED AS REIMBURSEMENT OF EXPENSES & PROPERLY RE CORDED IN THE BOOKS OF ACCOUNT. 3. WE NOTICE WITH THE ABLE ASSISTANCE OF BOTH THE PARTIES THAT THE CIT(A)S LOWER APPELLATE ORDER UNDER CHALLENGE AFFIRMING THE ASSESSING OFFICERS ACTION AS SOLE ISS UE OF AMOUNT OF RS.3,25,40,208/- ; HAS BEEN PASSED EX-PARTE. 4. LEARNED DEPARTMENTAL REPRESENTATIVE INVITED OUR ATTENTION TO THE CIT(A)S DISCUSSION IN PG.3 PARA 4 THAT THE ASSESSEE HAS BEEN AFFORDED ADEQUATE OPPORTUNITIES OF HEARING AND HE FAILED TO AVAIL THE SAME. 5. WE FIND NO MERIT IN THE REVENUES ARGUMENT SINCE TH ERE IS NO INDICATION IN THE CIT(A)S ORDER AS TO WHETHER THE CORRESPONDING LOWER APPELLATE HEARING NOTICES HAD BE EN ACTUALLY SERVED ON THE ASSESSEE OR NOT? FACED WITH THIS SITUATION, WE DEEM IT APPROPRIATE TO RESTORE THE ASSESSE ES INSTANT SOLE SUBSTANTIVE GRIEVANCE BACK TO THE CIT(A) FO R HIS AFRESH APPROPRIATE ADJUDICATION AS PER LAW. THE ASSE SSEE OR ITS ITA NO. 1601/HYD/2016 :- 3 -: AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE CIT(A ) ON OR BEFORE 31-10-2021 WITH ALL THE RELEVANT DOCUMENTS, AT I TS OWN RISK AND RESPONSIBILITY, TO BE FOLLOWED BY THREE EFFE CTIVE OPPORTUNITIES OF HEARING. 6. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR S TATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH JUNE, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 14-06-2021 TNMM ITA NO. 1601/HYD/2016 :- 4 -: COPY TO : 1.TSI BUSINESS PARKS (HYDERABAD) PRIVATE LIMITED, C/O.M.ANANDAM & CO., CHARTERED ACCOUNTANTS, 7A, SUR YA TOWERS, S.D.ROAD, SECUNDERABAD. 2.THE DEPUTY COMMISSIONER OF INCOME TAX-2(3), HYDERABAD. 3.CIT(APPEALS)-2, HYDERABAD. 4.PR.CIT-2, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.