Appeal details
Counselvise Citation
[2021] 109 COUNSELVISE.COM (IT) 7205 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 4 month(s) 7 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
22-01-2021
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
DB-A
Next Hearing Date
21-01-2021
Assessment Year
2008-2009
Appeal Filed On
14-09-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH A HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI S ATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1875 /HYD./2018 A.Y. : 20 08 - 09 SMT. C. PUSHPALATHA VS. INCOME TAX OFFICER HYDERABAD WARD 4(3) HYDERABAD. [ PAN: BDEPC8043F] (APPELLANT) (RESPONDENT) FOR ASSESSEE: SRI K.K. GUPTA, ADV. FOR REVENUE: SRI SUNIL KUMAR PANDEY, D.R. DATE OF HEARING : 2 0/01/2021 DATE OF PRONOUNCEMENT : 22 /01/2021 O R D E R PER BENCH TH IS ASSESSEES APPEAL FOR A.Y. 20 08 - 09 ARISE FROM COMMISSIONER OF INCOME TAX (APPEALS) - 1 [CIT(A) IN SHORT] HYDERABADS ORDER DATED 15/05/2018 IN CASE NO. 0161/2018 - 19 INVOLVING PROCEEDINGS U/S 154 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2 . IT TRANSPIRED DURING THE COURSE OF HEARING THAT THE ASSESSEES MAIN GRIEVANCE CANVASSED IN THE INSTANT APPEAL CHALLENGES CORRECTNESS OF LOWER AUTHORITIES ACTION TAKING RECOURSE TO SECTION 154 R ECTIFICATION OF THE REGULAR ASSESSMENT FRAMED; INVOLVING PROCEEDINGS U/S 143(3) R.W.S. 148 OF THE ACT ON 30 TH MARCH, 2016. THE ASSESSING AUTHORITIES THEREIN HAD INVOKED SEC.50C OF ITA NO. 1875 /HYD/18 AY : 2008 - 09 PUSHPALATHA CHINTALA 2 THE ACT TO MAKE LONG TERM CAPITAL GAIN ADDITION WHICH FORMS SUBJECT MATTER OF THE IMPUGNED RECTIFICATION REGARDING CORRECTION OF AMOUNT(S) ONLY . THE CLINCHING FACT THAT EMERGES DURING THE COURSE OF HEARING IS THAT ASSESSING OFFICERS RECTIFICATION DATED 27.7.2016 NOWHERE INDICATES THAT THIS ASSESSEE HAS BEEN HEARD OR PROVIDED A DEQUATE OPPORTUNITY OF HEARING BEFORE THE CORRECTION OF THE FIGURE(S) INVOLVED IN SEC.50C MECHANISM . WE THEREFORE DEEM IT APPROPRIATE TO RESTORE THE ASSESSEES GRIEVANCE BACK TO THE A SSESSING OFFICER FOR THIS PRECISE REASON ALONE. 3. LEARNED COUNSEL NEXT INFORMED US THAT ASSESSEES MAIN APPEAL ALONG WITH OTHER CO - SHARERS CHALLENGING INVOKING OF SEC.50C IN PRINCIPLE IS PENDING BEFORE THE T RIBUNAL A N D IS POSTED FOR HEARING ON 17 TH MAY,2021. WE THEREFORE DIRECT THE ASSESSING OFFICER TO K EEP THE IMPUGNED SEC.154 RECTIFICATION IN ABEYANCE TILL THE ABOVE MAIN APPEAL ATTAINS FINALITY IN TRIBUNAL. IT IS MADE CLEAR THAT DELAY CAUSED DUE TO THE SAME SHALL NOT BE ATTRIBUTABLE TO THE DEPARTMENT IN ANY MANNER; WHATSOEVER. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN OPEN COURT ON 22 ND JANUARY, 2021. SD/ - SD/ - (LAXMI PRASAD SAHU) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 22 ND JANUARY, 2021. * GMV COPY OF THE ORDER FORWARDED TO: 1. SMT. PUSHPALATHA CHINTALA C/O KK GUPTA, CHARTERED ACCOUNTANTS, 3464, DUNDO VIHAR, R.P. ROAD, SECUNDERABAD 500 003, TELANGANA . 2. ITO, WARD 4(3), HYDERABAD. 3. ACIT, RANGE 4, HYDERABAD 4. CIT(A) - 1, HYDERABAD. 5. PR.CIT - 1, HYDERABAD 6. DR, ITAT, HYDERABAD. 7. GUARD FILE.
