SVSS Constructions , Hyderabad V. Assistant Commissioner of Income Tax,Central Circle -2(3), Hyderabad

ITA 169/Hyd/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2410 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 12-04-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 263; 143(3); 153C; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L . P . SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 169 /HYD/20 21 (ASSESSMENT YEAR : 20 15 - 16 ) M/S. SVSS CONSTRUCTIONS, HYDERABAD. PAN ABTFS 6256L ..APPELLANT. VS. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), HYDERABAD. ..RESPONDENT. APPELLANT BY : SHRI A.V. RAGHURAM. RESPONDENT BY : SHRI RAVI KIRAN. (D.R.) DATE OF HEARING : 20.10 . 2021. DATE OF PRONOUNCEMENT : 27 . 10 .2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 2015 - 16 ARISES FROM THE PR. COMMISSIONER OF INCOME TAX /CIT(CENTRAL) , HYDERABAD S ORDER DT. 19.03.2020 PASSED IN CASE NO. ITBA / COM / F / 17 / 2019 - 20 / 1026783956(1) I N PROCEEDINGS UNDER SECTION 143(3) R.W.S. 153C OF THE INCOME TAX ACT, 1961 (THE ACT). HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2 ITA NO. 169/HYD/2021 2. BOTH THE LEARNED REPRESENTATIVES INVITED OUR ATTENTION TO PCIT / CIT(CENTRAL), HYDERABADS IMPUGNED SECTION 263 REVISION DIRECTION S READING AS UNDER : 3 ITA NO. 169/HYD/2021 3. IT IS CLEAR FROM A PERUSAL OF THE ABOVE EXTRACTED REVISION DIRECTION THAT THE PCIT SECTION 263 SHOW CAUSE NOTICE DT.4.3.2020 HAS TERMED THE SECTION 143(3) R.W.S. 153C ASSESSMENT HEREIN DT.26.12.2017 AS AN ERRONEOUS ONE CAUSING PREJUDICE TO INTEREST O F THE REVENUE SINCE INVOLVING NIL ADDITION WITHOUT ANY APPROVAL U/S. 153D OF THE ACT. IT IS FURTHER EVIDENT THAT THE ASSESSING OFFICER HA D IN FACT FRAMED HIS ASSESSMENT DT.30.12.2019 AFTER GETTING DUE APPROVAL THEREBY DETERMINING THE ASSESSEE'S TOTAL INC OME AT RS.5,58,01,165. FACED WITH THIS SITUATION, WE ARE OF THE OPINION THAT THE IMPUGNED EXERCISE OF REVISION JURISDICTION 4 ITA NO. 169/HYD/2021 HAS NO LEGS TO STAND SINCE THE ASSESSING OFFICERS ASSESSMENT HEREIN FRAMED WITHOUT GETTING 153D APPROVAL AND REVISED HEREIN ITSELF IS A NONEST ONE BEING WRONGLY UPLOADED , THE ENTIRE SUPER STRUCTURE OF SECTION 263 ITSELF FALLS IN ABSENCE OF ANY FOUNDATION THEREFORE. WE QUOTE KIRAN SINGH & OTHERS VS. SAMANT PASWAN & OTHERS (1955) 1 SCR 117 (SC) THAT AN INHERENT DEFECT OF JURISDICTION O R A NULLITY COULD BE RAISED AS AN OBJECTION IN EXECUTION PROCEEDINGS. THEIR LORDSHIPS IN (1988) 179 ITR 381 (RAJ) DE EP CHAND KOTHARI VS. CIT ADOPT THE VERY REASONING OF CIVIL JURIS PRUDENCE PERTAINED IN INCOME TAX PROCEEDINGS AS WELL. FACED WITH THIS SITU ATION, WE HOLD THAT THE IMPUGNED REVISION EXERCISE DESERVES TO BE HELD AS NOT SUSTAINABLE IN LAW. WE THEREFORE QUASH THE SAME AND FURTHER MAKE IT CLEAR THAT NOTHING SHALL PRECLUDE THE DEPARTMENT OR THE PCIT OR THE CIT AS THE CASE MAY BE, TO EXERCISE THE I MPUGNED JURISDICTION AFRESH BASED ON THE CORRECT ASSESSMENT HEREIN FRAMED BY THE ASSESSING OFFICER AFTER DUE APPROVAL (SUPRA). 5 ITA NO. 169/HYD/2021 NO OTHER ARGUMENT HAS BEEN RAISED BEFORE US. 4. THIS ASSESSEE'S APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 27TH OCT . , 2021. SD/ - SD/ - (L .P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 27 . 10 .2021. * REDDY GP COPY TO : 1. M/S. SVSS CONSTRUCTIONS, 1 - 2 - 597/36 TO 42 & 42/2, LOWER TANK BUND ROAD, BESIDE INDIRA PARK, DOMALGUDA, HYDERABAD - 500 029 2. ACIT, CENTRAL CIRCLE 2(3), HYDERABAD. 3. P C I T /CIT (CENTRAL) , HYDERABAD. 4. CIT - HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.