Rithwik Projects Private Limited, Hyderabad V. ACIT TDS, Circle-2(1), Hyderabad

ITA 165/Hyd/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6541 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2017-2018
• Appeal Filed On: 30-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P MURALI MOHAN RAO
• Keywords: TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO. 165 /H/20 21 ASSESSMENT YEAR: 2 0 1 7 - 1 8 RITHWIK PROJECTS PRIVATE LIMITED, HYDERABAD [PAN: AABCR5748L] VS ASST. COMMISSIONER OF INCOME TAX, TDS CIRCLE - 2(1), HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI P. MURALI MOHAN RAO REVENUE BY: S HRI R OHIT MUJUMDAR DATE OF HEARING: 01 /0 9 /2021 DATE OF PRONOUNCEMENT: 06 /0 9 /2021 O R D E R PER L.P. SAHU, A.M. : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST CIT(A) - 1 2 , HYDERABAD S ORDER DATED 15/02/2021 FOR AY 20 1 7 - 1 8 INVOLVING PROCEEDINGS U/S 221 ( 1 ) OF THE INCOME - TAX ACT, 1961; IN SHORT THE ACT . 2. THE ASSESSEE HAS RAISED 10 GROUNDS OF APPEAL, THE SUM AND SUBSTANCE OF WHICH IS IMPOSING PENALTY U/S 221(1) OF THE ACT OF RS. 11,209/ - . I TA NO. 165 / /HYD /20 21 M/S RITHWIK PROJECTS PVT. LTD., HYDERABAD. : - 2 - : 3. BEFORE US, THE LD. AR OF T HE ASSESSEE SUBMITTED THAT THE ISSUE IN DISPUTE IS SQUARELY COVERED BY THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN ASSESSEES OWN CASE FOR EARLIER AYS VIDE ITA NOS. 1330 TO 1335/HYD/2018, ORDER DATED 11/01/2021, WHEREIN THE COORDINATE BENCH HA S HELD AS UNDER: 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE RAISED IN ALL THESE SIX APPEALS SEEKS TO REVERSE BOTH THE LOWER AUTHORITIES ACTION IMPOSING U/S.221(1) PENALTY (I.E.,) RS.8501/ - , RS.1,13,277/ - , RS.12,88,947/ - , RS.10,06,998/ - , RS.7,39,032/ - A ND RS.4,06,599/ - ; ASSESSMENT YEAR WISE, RESPECTIVELY. 3. LEARNED COUNSELS SOLE ARGUMENT DURING THE COURSE OF HEARING IS THAT THE IMPUGNED PENALTIES ARE BASED ON TRACES PROCESSING AND THE CORRESPONDING DEMANDS NO LONGER SURVIVE AS PER ASSESSEES RECONC ILIATION FILED ON RECORD DT.31 - 12 - 2020. THE REVENUES CASE ON THE OTHER HAND IS THAT THE INSTANT ISSUE TO THIS EFFECT REQUIRES ASSESSING OFFICERS FACTUAL VERIFICATION. WE DEEM IT APPROPRIATE IN THESE PECULIAR FACTS TO RESTORE THE ASSESSEES IDENTICAL SOLE SUBSTANTIVE GRIEVANCE BACK TO THE ASSESSING OFFICER FOR HIS AFRESH FACTUAL VERIFICATION AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. 4. THESE ASSESSEES APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. 4. THE LD. DR, ON THE OTHER HAND NEITHER CONTROVERTED THE SUBMISSION OF THE ASSESSEE NOR BROUGHT ANY CONTRARY DECISION IN THIS REGARD. I TA NO. 165 / /HYD /20 21 M/S RITHWIK PROJECTS PVT. LTD., HYDERABAD. : - 3 - : 5. SINCE THE ISSUE IN DISPUTE IS MATERIALLY IDENTICAL TO THAT OF THE DECISION OF THE COORDINATE BENCH IN ASSESSEES OWN CASE FOR E ARLIER AYS (SUPRA), RESPECTFULLY FOLLOWING THE SAME, WE REMIT THE ISSUE BACK TO THE FILE OF THE AO WITH A DIRECTION TO DECIDE THE ISSUE IN LINE WITH THE ORDER OF THE COORDINATE BENCH CITED SUPRA. ACCORDINGLY, THE GROUND S RAISED BY THE ASSESSEE ON THIS ISS UE ARE ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 6 TH SEPTEMBER, 2021 . SD/ - SD/ - ( S.S. GODARA ) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 6 TH SEPTEMBER , 20 2 1 . K V C OPY TO : 1 M/S RITHWIK PROJECTS PVT. LTD., C/O P. MURALI & CO., CAS, 6 - 3 - 655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD 82 2 A CIT (TDS) , CIRCLE 2 ( 1 ), HYDERABAD 3 C I T(A) 1 2 , HYDERABAD. 4 CIT (TDS) , HYDERABAD. 5 ITAT, DR, HYDERABAD. 6 GUARD FILE. I TA NO. 165 / /HYD /20 21 M/S RITHWIK PROJECTS PVT. LTD., HYDERABAD. : - 4 - : S.NO. DETAILS DATE 1 DRAFT DICTATED ON 2 DRAFT PLACED BEFORE AUTHOR 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS 6 KEPT FOR PRONOUNCEMENT 7 FILE SENT TO BENCH CLERK 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER