M/s. Uttarashada Greenlands Pvt.Ltd, Secunderabad V. ITO(OSD)-3, Hyderabad

ITA 1721/HYD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59367 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2012
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 10-05-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 07-10-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: V SRINIVAS; NIVEDITA BISWAS ITA NO HYD
• Assessee Lawyers: K C DEVADAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBE R. ITA NO. ASSESSMENT YEAR APPELLANT RESPONDENT 809/HYD/2011 2007-08 M/S. KANCHENJUNJGA GREENLANDS (P) LTD., HYDERABAD (PAN AABCK 5813 H ) INCOME-TAX OFFICER (OSD)-2, CENTRAL RANGE- I, HYDERABAD 1639/HYD/2010 2007-08 M/S. GOMATI AGRO FARMS P.LTD., HYDERABAD (PAN AABCG 3988 R) INCOME-TAX OFFICER (OSD)-2, CENTRAL RANGE-I, HYDERABAD 1640/HYD/2010 2007-08 M/S. PARBATI AGROFARMS PVT. LTD., HYDERABAD (PAN AACCP 1719 L) INCOME-TAX OFFICER (OSD)-2, CENTRAL RANGE-I, HYDERABAD 1641/HYD/2010 2007-08 M/S. VAMSADHARA AGRO PVT. LTD., HYDERABAD (PAN AABCV 6781 D) INCOME-TAX OFFICER (OSD)-2, CENTRAL RANGE-I, HYDERABAD 1720/HYD/2011 2007-08 M/S. BRNR AGRO PVT. LTD., HYDERABAD (PAN AABCB 5750 A) ASST COMMIS- SIONER OF INCOME- TAX (OSD), CENTRAL RANGE-I, HYDERABAD 1721/HYD/2011 2007-08 M/S.UTTARASHADA GREENLANDS (P) LTD., , HYDERABAD (PAN AAACU 6108 L) ASST COMMIS- SIONER OF INCOME- TAX (OSD)-3, CENTRAL RANGE-I, HYDERABAD 170 6 /HYD/2011 2007 - 08 M/S. CHITTA FARMS PVT. LTD., HYDERABAD (PAN - AACCC 1176 E) ASST. COMMIS - SIONER OF INCOME- TAX CENTRAL CIRCLE- 1, HYDERABAD APPELLANTS BY : SHRI K.C.DEVADAS RESPONDENT S BY : SHRI V.SRINIVAS & SMT. NIVEDITA BISWAS ITA NO.809/HYD/2011 AND 6 OTHERS. M/S. KANCHENJUNJGA GREENLANDS (P) LTD., HYD & ORS 2 DATE OF HEARING 28.3.2012 DATE OF PRONOUNCEMENT 28.3.2012 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER THESE SEVEN APPEALS FILED BY THE ASSESSEE ARE DIR ECTED SEPARATE ORDERS OF THE CIT(A) VII, HYDERABAD, FOR THE ASSESSMENT YEAR 2007-08. SINCE COMMON ISSUES ARE INVOLVED, TH ESE APPEALS ARE BEING DISPOSED OFF WITH THIS COMMON ORDER FOR THE S AKE OF CONVENIENCE. 2. THE APPELLANT-ASSESSEES, BELONGING TO SATYAM GRO UP, RAISED VARIOUS GROUNDS IN THESE APPEALS, CONTESTING THE RE SPECTIVE ADDITIONS SUSTAINED BY THE CIT(A). HOWEVER, AT THE TIME OF H EARING, IT IS BROUGHT TO OUR NOTICE THAT REASONABLE OPPORTUNITY OF HEARIN G HAS NOT BEEN GIVEN TO THE ASSESSEES BY THE REVENUE AUTHORITIES, AS THE RECORDS OF THE ASSESSEES WERE IN THE POSSESSION OF THE CENTRAL BUREAU OF INVESTIGATION. BEING SO, THE ASSESSEE WAS PREVENTE D FROM CAUSING EFFECTIVE REPRESENTATION OF THEIR CASES BEFORE THE LOWER AUTHORITIES. IN THE CIRCUMSTANCES, THE LEARNED COUNSEL FOR THE ASSE SSEE SUBMITTED THAT THE ORDERS OF THE LOWER AUTHORITIES IMPUGNED IN THE SE MATTERS, MAY BE SET ASIDE AND ALL THESE MATTERS MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRAMING FRESH ASSESSMENTS, AF TER GIVING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEES TO EFFECTIVELY REPRESENT THEIR RESPECTIVE CASES. COPIES OF SEVERAL ORDERS OF THE TRIBUNAL, SOME OF THEM IN ASSESSEES OWN CASES, PAS SED ON SIMILAR LINES HAVE BEEN FURNISHED BEFORE US. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE, ON TH E OTHER HAND, DID NOT RAISE ANY SERIOUS OBJECTION TO THE PROPOSIT ION CANVASSED BY THE LEARNED COUNSEL FOR THE ASSESSEE. ITA NO.809/HYD/2011 AND 6 OTHERS. M/S. KANCHENJUNJGA GREENLANDS (P) LTD., HYD & ORS 3 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE F IND THAT IN SIMILAR MATTERS, RELATING TO SATYAM GROUP, AS PLEAD ED BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE ORDERS OF THE REVENUE AUTHORITIES WERE SET ASIDE AND THE MATTERS WERE RESTORED TO THE FILE OF THE ASSESSING OFFICERS FOR FRAMING FRESH ASSESSMENT IN ACCORDANCE WITH LAW AFTER GIVING REASONABLE OPPORTUNITY TO THE ASSESSEE. ONE OF SUCH ORDERS OF THE TRIBUNAL FILED BEFORE US IS IN ITA NO.703/HYD/2 011 FOR ASSESSMENT YEAR 2007-08 IN THE CASE OF M/S. SWARNAMUKHI GREENF IELDS PVT. LTD., HYDERABAD V/S. ITO(OSD)-3, HYDERABAD, WHEREIN, THE TRIBUNAL VIDE ITS ORDER DATED 4 TH NOVEMBER, 2011, TO WHICH BOTH OF US ARE PARTIES, WHEREIN, CONSIDERING SIMILAR PLEA OF THE ASSESSEE T HE MATTER HAS BEEN RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR F RAMING DE-NOVO ASSESSMENT IN ACCORDANCE WITH LAW AFTER GIVING REA SONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. THE TRIBUN AL IN THAT ORDER DATED 4.11.2011, HAS FOLLOWED THE STILL EARLIER ORD ER OF THE TRIBUNAL DATED 5.8.2011 IN THE CASE OF M/S. UTTRASHADA BIOTE CH PVT. LTD. IN ITA NO.743/HYD/2011. IN THIS VIEW OF THE MATTER, CONSI STENT WITH THE EARLIER ORDERS OF THE TRIBUNAL IN SIMILAR MATTERS, WE SET ASIDE THE IMPUGNED ORDERS OF THE LOWER AUTHORITIES IN THESE M ATTERS ALSO, AND RESTORE ALL THESE MATTERS TO THE FILE OF THE ASSESS ING OFFICER IN THESE CASES ALSO, WITH A DIRECTION TO REFRAME THE ASSESSM ENTS IN ACCORDANCE WITH LAW, AFTER GIVING REASONABLE OPPORTUNITIES OF HEARING TO THE ASSESSEES. 5. IN THE RESULT, ALL THE SEVEN APPEALS OF THE A SSESSEES AREA ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 28.03.2012 SD/- SD/- (ASHA VIJAYARAGHAVAN) (CHANDRA POOJARI) JUDICIAL MEMBER. ACCOUNTANT MEMBER. DT/- 28 TH MARCH, 2012 ITA NO.809/HYD/2011 AND 6 OTHERS. M/S. KANCHENJUNJGA GREENLANDS (P) LTD., HYD & ORS 4 COPY FORWARDED TO: 1. M/S. KANCHENJUNJGA GREENLANDS (P) LTD., PLOT NO.80, ROAD NO.9, JUBILEE HILLS, HYDERABAD 500 033. 2. M/S. GOMATI AGRO FARMS P.LTD., C/O. SHRI B.VIJAYA PRASAD, CHARTERED ACCOUNTANT, G-26, RBVR REDDY HOSTEL COMPL EX, TILAK ROAD, HYDERABAD 3. M/S. PARBATI AGRO FARMS PVT. LTD., C/O. SHRI B.VIJAYA PR ASAD, CHARTERED ACCOUNTANT, G-26, RBVR REDDY HOSTEL COMPL EX, TILAK ROAD, HYDERABAD 4. M/S. VAMSADHARA AGRO PVT. LTD., C/O. SHRI B.VIJAYA PRASAD, CHARTERED ACCOUNTANT, G-26, RBVR REDDY HOSTEL COMPL EX, TILAK ROAD, HYDERABAD 5. M/S. BRNR AGRO PVT. LTD., M/S. SEKHAR & CO., CHARTERED ACCOUNTANTS, 133./4, R.P.ROAD, SECUNDERABAD 500 003. 6. M/S. UTTARASHADA GREENLANDS (P) LTD., ., M/S. SEKHAR & CO., CHARTERED ACCOUNTANTS, 133./4, R.P.ROAD, SECUNDERABAD 500 003 . 7. M/S. CHITTA FARMS PVT. LTD., ., M/S. SEKHAR & CO., CHARTERED ACCOUNTANTS, 133./4, R.P.ROAD, SECUNDERABAD 500 003. 8. 9. 10. INCOME TAX OFFICER(OSD) - 2, CENTRAL RANGE - 1, HYDERABAD INCOME TAX OFFICER(OSD)-3, CENTRAL RANGE-1, HYDERAB AD ASSTT. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE 1, HYDERABAD 11. COMMISSIONER OF INCOME - TAX(APPEALS) - VII, HYDERABAD 12. COMMISSIONER OF INCOME - TAX CENTRAL, HYDERABAD 13. DR ITAT, HYDERABAD B.V.S.