ITO, Ward-7(1), Hyderabad, Hyderabad V. Amena Khatoon, Hyderabad, Hyderabad

ITA 1652/HYD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2547 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 05-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P V SUBBA RAJU
• Keywords: Assessment record
• Section: 147; 148; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ITA NO. 1652/HYD/2016 ASSESSMENT YEAR: 2007-08 INCOME TAX OFFICER, WARD - 7(1), HYDERABAD PAN AWXPK0091J VS. MRS. AMEENA KHATOON, HYDERABAD. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI P.V. SUBBARAJU ASSESSEE BY : SHRI NONE DATE OF HEARING : 30-01-2018 DATE OF PRONOUNCEMENT : 30-01-2018 ORDER PER D.S. SUNDER SINGH, A.M: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A)-3, HYDERABAD IN ITA NO. 0240/CIT(A)- 3/15-16 DATED 30-09-2016. ALL THE GROUNDS OF THE APPEAL ARE RELATED TO THE ISSUE OF NOTICE U/S 148 OF THE ACT. IN THIS CASE THE A.O HAS COMPLETED THE ASSESSMENT U/S 144 R.W.S 147 OF THE IT ACT ON TOTAL INCOME OF RS. 50,83,000/-. THE ISSUE INVOLVED IN THIS CASE IS THE ASSESSEE HAD SOLD AN OPEN LAND ADMEASURING 1,196 SQUARE YARDS, IN SY NO. 117/2, IN BLOCK NO.3, SITUATED AT BALANAGAR VILLAGE FOR A CONSIDERATION OF RS. 48,40,000/-, AGAINST THE SRO VALUE OF 2 ITA NO. 1652/HYD/2016 MRS. AMEENA KHATOON, HYDERABAD RS. 1,01,66,000/-. SINCE THE ASSESSEE HAS NOT FILED THE RETURN OF INCOME ADMITTING THE CAPITAL GAIN, THE A.O HAD ISSUED NOTICE U/S 148 ON 29.03.2014 AND COMPUTED THE CAPITAL GAIN AT RS. 50,83,000/-. AGGRIEVED BY THE ORDER OF THE A.O THE ASSESSEE WENT ON APPEAL BEFORE THE CIT(A), AND LD. CIT(A) HAS DELETED THE ADDITION AS WELL AS PENALTY U/S 271(1)(C) MADE BY THE A.O, SINCE TIME LIMIT FOR ISSUE OF NOTICE U/S 148 HAS ALREADY BEEN LAPSED BY THE TIME NOTICE WAS ISSUED. AS PER THE ORDER OF THE LD. CIT(A) THE TRANSACTION WAS RELATED TO THE A.Y 2006-07 AND THE NOTICE WAS ISSUED ON 29.03.2014. FOR READY REFERENCE WE EXTRACT THE RELEVANT PART OF THE CIT(A) ORDER IN PARA NO. 9 WHICH READS AS UNDER: 9. FROM THE PERUSAL OF ASSESSMENT RECORD, PARTICULARLY THE SALE DEED IS EVIDENT THAT THE TRANSACTION TOOK PLACE ON 27.03.2006 AND THE POSSESSION WAS HANDED OVER, THEREFORE THE TRANSACTION RELATE TO A.Y 2006-07 NOT TO A.Y 2007-08. IN ANY CASE PERIOD OF 6 YEAR HAD LAPSED BY THE TIME NOTICE U/S 148 29.03.2014 WAS ISSUED. THEREFORE, THE ADDITION MADE IN QUANTUM APPEAL & PENALTY LEVIED U/S 271(1)(C) STANDS DELETED. 2. DURING THE APPEAL HEARING THE LD. DR SUPPORTED THE ORDER OF THE A.O. HOWEVER HE DID NOT PLACE ANY MATERIAL TO SHOW THAT THE TRANSACTION DOES NOT RELATED TO THE A.Y 2006- 3 ITA NO. 1652/HYD/2016 MRS. AMEENA KHATOON, HYDERABAD 07. SINCE THE TRANSACTION WAS TOOK PLACE ON 27.03.2006 AND THE POSSESSION OF THE LAND WAS ALSO HANDED OVER WE AGREE WITH THE LD. CIT(A)S VIEW THAT THE TIME LIMIT FOR ISSUE OF NOTICE WAS ALREADY EXPIRED BY THE TIME NOTICE U/S 148 WAS ISSUED AND NO ACTION IS PERMISSIBLE UNDER THE LAW TO REOPEN THE ASSESSMENT. HENCE, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LD. CIT(A) AND THE SAME IS UPHELD. 3. IN THE RESULT APPEAL FILED BY THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 30 TH JANUARY, 2018. SD/- SD/- (D. MANMOHAN) (D.S. SUNDER SINGH) VICE PRESIDENT ACCOUNTANT MEMBER HYDERABAD, DATED: JANUARY, 2017. KRK 1 MRS. AMEENA KHATOON, H. NO. 10-4-771/81/C6/1, MASAB TANK, HYDERABAD. 2 ITO, WARD 7(1), HYDERABAD. 3 CIT(A)-3, HYDERABAD. 4 THE PR. CIT-3, HYDERABAD. 5 THE DR, ITAT HYDERABAD 6 GUARD FILE