Taashee Linux Services, Hyderabad V. Asst. Commissioner of Income Tax, Circle-5(1), Hyderabad

ITA 2221/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3533 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 10-03-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 27-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROHIT MAJUMDAR
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD. BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER (T HROUGH V IDEO CONFERENCE ) ITA NO. 2221 /HYD/2018 (ASSESSMENT YEAR : 201 5 - 16 ) M/S. TAASHEE LINUX SERVICES, 2 ND FLOOR, DAMAYANTHI CHAMBERS, HILL FORT ROAD, ADARSHNAGAR, HYDERABAD - 500 063 PAN AAFFT 4442C VS. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 5(1), HYDERABAD. APPELLANT RESPONDENT APPELLANT BY : SHRI M. V. ANIL KUMAR. RESPONDENT BY : SHRI ROHIT MAJUMDAR (D.R) DATE OF HEARING : 10.03. 2021. DATE OF PRONOUNCEMENT : 7.6 . 2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 2015 - 16 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 4 , HYDERABAD S ORDER DT. 28.09.2018 PASSED IN CASE NO. 10236/17 - 18/ACIT, CIR.5(1)/CIT(A) - 4/HYD/81 - 19 IN PROCEEDINGS UNDER S ECTION 143(3) OF INCOME TAX ACT, 1961 (THE ACT). 2 ITA NO. 2221/HYD/2018 HEARD BOTH PARTIES . C ASE FILE PERUSED. 2. IT EMERGES AT THE OUTSET THAT ASSESSEE'S SOLE SUBSTANTIVE GRIEVANCES RAISED IN THE INSTANT APPEAL READ S AS FOLLOWS : 2. THE LD. COMMISSIONER (APPEALS) ERRED IN ADDING INCOME WHICH WAS ALREADY OFFERED BY THE ASSESSEE TO TAX. 3. THE LD. COMMISSIONER (APPEALS) ERRED IN DIRECTING THE ASSESSING OFFICER TO CONSIDER THE TURNOVER AS PER SALES TAX RETURNS AMOUNTING TO RS.42.83 CRORES (WHEREAS THE ACTUAL TURNOVER AS PER THE SALES REGISTER IS RS.38.09 CRORES) AND ALLOW THE TAXES, IF ANY PA ID OUT OF RS.4.64 CRORES (WHEREAS THE ACTUAL TAXES PAID IS RS.4.73 CRORES.) 3. WE HAVE HEARD RIVAL SUBMISSIONS AGAINST AND IN SUPPORT OF THE IMPUGNED ADDITION. IT IS SUFFICIENTLY CLEAR FROM THE ASSESSEE'S GROUND NO.3 THAT THE SOLE ISSUE BEFORE US IS THA T OF ADDITION OF RS.53,54,108 ON ACCOUNT OF THE ALLEGED DIFFERENCE TURNOVER AS PER THE SALES TAX RETURN AMOUNTING TO RS.42.83 CRORES AND SALES REGISTER OF RS.38.09 CRORES ; RESPECTIVELY (SUPRA). IN OUR CONSIDERED OPINION, TH IS ISSUE REQUIRED MORE AFRES H RECONCILIATION THAN ANY LEGAL OR FACTUAL ADJUDICATION IN SECOND APPELLATE JURISDICTION. WE THEREFORE DEEM IT 3 ITA NO. 2221/HYD/2018 APPROPRIATE TO RESTORE THE INSTANT ISSUE BACK TO THE ASSESSING OFFICER FOR FINALIZING HIS FACTUAL VERIFICATION AND RECONCILIATION AFRESH AS PER LAW. THE ASSESSEE MAY APPEAR FOR CONSEQUENTIAL ADJUDICATION ON OR BEFORE 31.08.2021 BEFORE THE ASSESSING OFFICE R WITH ALL THE RELEVANT DETAILS; AT ITS OWN RISK AND RESPONSIBILITY TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. 4. THE ASSESSEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH JUNE , 2021. SD/ - SD/ - (A.MOHAN ALANKAMONY ) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 7.6 .2021. * REDDY GP COPY TO : 1. M/S. TAASHEE LINUX SERVICES, 2 ND FLOOR, DAMAYANTHI CHAMBERS, HILL FORT ROAD, ADARSHNAGAR, HYDERABAD - 500 063 2. ACIT, CIRCLE 5(1), HYDERABAD. 3. PR. C I T - 4 , HYDERABAD. 4. CIT(APPEALS) - 4, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.