Maniza Jumabhoy, Hyd, Hyderabad V. ITO, Ward-6(3), Hyd, Hyderabad

ITA 223/HYD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2719 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 29-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: V SIVA KUMAR; C S SUBRAMANYAM

Judgement Text

ITA NOS 223 AND 922 OF 2016 SMT MANIZA J UMABHOY HYDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO.223/HYD/2016 (ASSESSMENT YEAR: 2008-09) SMT. MANIZA JUMABHOY HYDERABAD PAN: AHLPJ 3369 F VS INCOME TAX OFFICER WARD, 6(3) HYDERABAD (APPELLANT) (RESPONDENT) ITA NO.922/HYD/2016 (ASSESSMENT YEAR: 2008-09) INCOME TAX OFFICER (INTERNATIONAL TAXATION)-1 HYDERABAD VS SMT. MANIZA JUMABHOY HYDERABAD PAN: AHLPJ 3369 F (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI C. S. SUBRAMANYAM & SHRI V. SIVA KUMAR FOR REVENUE : SMT. SUMAN MALIK, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THESE ARE CROSS APPEALS OF THE ASSESSEE AS WELL AS THE REVENUE FOR THE A.Y 2008-09 AGAINST THE ORDER OF TH E CIT (A)-6, HYDERABAD, DATED 23.12.2015 IN PARTIALLY ALLOWING T HE APPEAL OF THE ASSESSEE AGAINST THE PENALTY IMPOSED BY THE AO U/S 271(1)(C) OF THE ACT. 2. AT THE TIME OF THE HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM APPEAL OF THE A SSESSEE FOR DATE OF HEARING: 08.01.2018 DATE OF PRONOUNCEMENT: 08.01.2018 ITA NOS 223 AND 922 OF 2016 SMT MANIZA J UMABHOY HYDERABAD. PAGE 2 OF 2 THE VERY SAME A.Y, HAS BEEN SET ASIDE TO THE FILE O F THE AO FOR DE NOVO CONSIDERATION BY THE B BENCH OF THIS TRIBUNA L AS TO VERIFY TO WHETHER THE ASSESSEE HAS ANY TITLE TO THE PROPERTY AND WHETHER SHE HAS RECEIVED ANY CONSIDERATION. 3. TAKING THE SAME INTO CONSIDERATION, WE FIND THAT THE PENALTY ORDER ON THE BASIS OF THE ASSESSMENT COMPLE TED U/S 143(3), WHICH HAS NOW BEEN SET ASIDE, IS NOT SUSTAI NABLE. IN VIEW OF THE SAME, THE PENALTY ORDER OF THE AO U/S 271(1) (C) DATED 25.03.2014 IS CANCELLED, WITH THE LIBERTY TO THE AO TO INITIATE PENALTY PROCEEDINGS AFRESH AFTER COMPLETING THE ASS ESSMENT CONSEQUENT TO THE DIRECTIONS OF THE TRIBUNAL. 4. IN THE RESULT, BOTH THE ASSESSEES AS WELL AS RE VENUES APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURP OSES. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JANUARY, 2018. SD/- SD/- (B. RAMAKOTAIAH) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 8 TH JANUARY 2018. VINODAN/SPS COPY TO: 1 SMT. MANIZA JUMABHOY, 8-2-584, SANGRILA ROAD NO .9, BANJARA HILLS, HYDERABAD 2 3 ITO WARD 6(3) HYDERABAD ITO (INTERNATIONAL TAXATION) I, 5 TH FLOOR, ROOM NO.516, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 4 CIT (A)-6 HYDERABAD 5 PR. CIT 6 HYDERABAD 6 THE DR, ITAT HYDERABAD 7 GUARD FILE BY ORDER