K.Mohan Reddy, RR Dist V. Income Tax Officer, Ward-8(2), Hyderabad

ITA 2251/Hyd/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3104 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2008-2009
• Appeal Filed On: 28-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

ITA NO 2251 OF 2017 K MOHAN REDDY HYDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 2251/HYD/2017 ASSESSMENT YEAR: 2008-09 SHRI K. MOHAN REDDY, RANGA REDDY DISTT. PAN:ALLPK0293P VS. INCOME TAX OFFICER WARD 8(2) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI SAMUEL NAGADESI REVENUE BY : SRI SUNIL KUMAR PANDEY, DR DATE OF HEARING: 05/11/2020 DATE OF PRONOUNCEMENT: 05/11/2020 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2008-09 AGAIN ST THE ORDER OF THE CIT (A)-2, HYDERABAD, DATED 4 TH OCTOBER, 2017 CONFIRMING THE PENALTY LEVIED BY THE AO U/S 271(1)( C) OF THE ACT. 2. AT THE TIME OF HEARING THROUGH VIDEO CONFERENCIN G, THE LEARNED COUNSEL FOR THE ASSESSEE HAS BROUGHT TO OUR NOTICE THAT THE QUANTUM APPEAL FOR THE A.Y 2008-09 HAS BEEN SET ASIDE TO THE FILE OF THE AO FOR DENOVO CONSIDERATION IN ACCORDAN CE WITH THE LAW. HE THEREFORE, SUBMITTED THAT THE PENALTY ORDER HAS ALSO TO BE SET ASIDE. 3. THE LEARNED DR WAS ALSO HEARD AND HE HAD NO OBJECTION TO THE SAME. THEREFORE, THE ASSESSEES AP PEAL AGAINST THE ITA NO 2251 OF 2017 K MOHAN REDDY HYDERABAD PAGE 2 OF 2 PENALTY LEVIED BY THE AO U/S 271(1)(C) IS SET ASIDE TO THE FILE OF THE AO WITH A DIRECTION TO RECONSIDER THE ISSUE OF PENA LTY U/S 271(1)(C) OF THE ACT AFTER COMPLETING THE ASSESSMEN T PROCEEDINGS. 4. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH NOVEMBER, 2020. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 5 TH NOVEMBER, 2020. VINODAN/SPS COPY TO: 1 SHRI K. MOHAN REDDY, C/O SAMUEL NAGADESI C.A. 408 SRI RAMA KRISHNA TOWERS, BESIDES IMAGE HOSPITALS, AMEERPET, HYDERABAD 500073 2 ITO WARD 8(2) ROOM NO.608, 6 TH FLOOR, SIGNATURE TOWERS, KONDAPUR HYDERABAD 3 CIT (A)-2 HYDERABAD 4 PR. CIT 2 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER