Dharavath Sreenu , Ranga Reddy V. Income Tax Officer ,Ward-13(4), Hyderabad

ITA 211/Hyd/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3265 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 18-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALURU VEKATA RAO
• Assessee Lawyers: B SHANTI KUMAR
• Keywords: Capital asset; Condonation of delay
• Section: 143(3); 22; 147; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODA R A, JUDICIAL MEMBER ITA NO. 182/HYD./2020 ASSESSMENT YEAR: 2011 - 12 SHRI DHARAVATH RAMESH VS. ITO, WARD 11(4) 9 - 21, DUNDIGAL VILLAGE HYDERABAD 500 084 QUTBULLAPUR MANDAL K.V.RANGA REDDY DIST. [PAN: AZTPD7442F] ITA NO. 211 /HYD./2020 ASSESSMENT YEAR: 2011 - 12 SHRI DHARA VATH SREENU VS. ITO, WARD 1 3 (4) 9 - 21, DUNDIGAL VILLAGE HYDERABAD 500 084 QUTBULLAPUR MANDAL K.V.RANGA REDDY DIST. [PAN: DDSPS6107J ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI B. SHANTI KUMAR, AR FOR REVENUE : SH. ALURU VEKATA RAO, D.R. DATE OF HEARING : 27/01/2021 DATE OF PRONOUNCEMENT : 22 /02/2021 O R D E R THESE TWO ASSESSEES APPEALS FOR A.Y. 2011 - 12 ARISE AGAINST THE CIT(A) - 5 , HYDERABAD S ORDER D ATE D 16.12.2019 PASSED IN APPEAL NO.10311/2018 - 19 AND THE CIT(A) - 4, HYDERABAD S ORDER DATED 30.08.2019 IN APPEAL NO.10352/18 - 19 , IN PROCEEDINGS U/S 144 R.W.S. 147 AND U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 [FOR SHORT THE ACT] ; RESPECTIVELY. ITA NO. 182/HYD/2020 & ITA NO. 211/HYD/2020 AY 2011 - 12 SRI DHARAVATH RAMESH / SHRI DHARAVATH SREENU 2 HEARD SHRI B.SHANTI KUMAR REPRESENTING BOTH ASSESSEES AND SHRI ALURU VENKATA RAO, DR FOR D EPARTMENT. CASE FILES PERUSED. IT EMERGES THA T IN ITA 211/HYD/2020 OF SHRI DHARAVATH SREENU, THERE I S A DELAY OF 86 DAYS IN FILING THE APPEAL. HE HAS FILED HIS PETITION FOR CONDONATION OF DELAY STATING THE DELAY IS NEITHER INTENTIONAL NOR DELIBERATE BUT ON ACCOUNT OF CIRCUMSTANCES BEYOND CONTROL . BEING SATISFIED WITH THE REASONS EXPLAINED IN THE PET ITION FOR CONDONATION OF DELAY, I CONDONE THE SAME AND PROCEED WITH THE APPEAL. 2. IT IS NOTICED AT THE OUTSET THAT THE CIT(A)S APPELLATE ORDER(S) AFFIRMING ASSESSING OFFICERS IDENTICAL ACTION MAKING LONG TERM CAPITAL GAIN ADDITION IN BOTH THESE ASSESSEES HANDS ALLEGEDLY ARIS ING FROM TRANSFER OF THE RELEVANT CAPITAL ASSET; HAS BEEN PASSED EX - PART E ON ACCOUNT OF THEIR NON - APPEARANCE. LEARNED CIT(A) HAS NOT ADJUDICATED MERITS OF THE SOLE ISSUE IN OTHER WORDS BY FRAMING THE POINTS OF DETERMINATION FOLLOWED BY DETAILED LOWER APPELLATE DISCUSSION U/S 250( 6) OF THE ACT. I THEREFORE DEEM IT APPROPRIATE IN LARGER INTEREST OF JUSTICE THAT BOTH THESE ASSESSES DESERVE ONE MORE INNINGS BEFORE THE CIT(A). I ORDER ACCORDINGLY. IT IS MADE CLEAR THAT BOTH THESE ASSESSES THEMSELVES OR THROUGH THEIR AUTHOR IZED REPRESENTATIVE ( S ) SHALL APPEAR BEFORE THE CIT(A) ON OR BEFORE 3 0 .0 7 .2021 AND THEREAFTER THEY SHALL BE AFFORDED THREE EFFECTIVE OPPORTUNITIES OF HEARING IN CONSEQUENTIAL PROCEEDINGS AT THEIR OWN RISK AND RESPONSIBILITY. THESE TWO ASSESSEES APPEAL S ARE ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 22 /02/2021 . S D/ - ( S.S. GODARA ) JUDICIAL MEMBER DATED: 22 ND FEBRUARY, 2021 GMV ITA NO. 182/HYD/2020 & ITA NO. 211/HYD/2020 AY 2011 - 12 SRI DHARAVATH RAMESH / SHRI DHARAVATH SREENU 3 COPY OF ORDER FORWARDED TO: 1. SRI DHARAVATH RAMESH, 9 - 21, DUNDIGAL VILLAGE, QUTBULLAPUR MANDAL, KV RANGA REDDY DT. (II) SRI DHARAVATH SREENU, 9 - 21, DUNDIGAL VILLAGE, QUTBULLAPUR MANDAL, KV RANGA REDDY DT. 2. ITO, WARD 11(4) , HYDERABAD (II) ITO WARD 13(4), HYDERABAD . 3. ACIT, RANGE 11, H YDERABAAD (II) ACIT, RANGE 13, HYDERABAD 4 . CIT( A ) - 4 , HYDERABAD. (II) CIT(A) - 5, HYDERABAD. 5 . PR.CIT - 4, HYDERABAD (II) PR.CIT - 5, HYDERABAAD 6 D.R. ITAT HYDERABAD 7 . GUARD FILE