R.V.Nirmaan Private Limited, Hyderabad V. Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad

ITA 2405/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3389 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 26-04-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 28-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Deduction Disallowance
• Section: 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 2405/HYD/2018 ASSESSMENT YEAR: 2012-13 M/S.R.V.NIRMAAN PRIVATE LIMITED, HYDERABAD [PAN: AABCR0774L] VS DY.COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A.SRINIVAS, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 26-04-2021 DATE OF PRONOUNCEMENT : 11-06-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2012-13 ARISES FROM TH E CIT(A)-3, HYDERABADS ORDER DATED 11-10-2018 PASSED IN CASE NO.10272/DCIT-3(1)/CIT(A)-3/2017-18, IN PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. COMING TO ASSESSEES MAIN PLEADINGS CIT(A)S ACTI ON UPHOLDING THE ASSESSMENT FINDINGS DISALLOWING ITS SEC TION 80-IB DEDUCTION CLAIM OF RS.2,47,33,809/- WE FIND THA T IT HAS ALSO RAISED ADDITIONAL GROUND(S) THAT THE ASSESSING OF FICER ITA NO. 2405/HYD/2018 :- 2 -: OUGHT NOT TO HAVE COMPUTED SECTION 115JB MAT PROVISIONS ONCE HE HAD REJECTED ITS BOOKS OF ACCOUNT. 3. COUPLED WITH THIS, LEARNED DEPARTMENTAL REPRESENTATI VE TOOK US TO THE CIT(A)S ORDER PASSED EX-PARTE AFTER MAKING IT CLEAR THAT ASSESSEE HAD FAILED TO APPEAR IN LOWER APPE LLATE PROCEEDINGS. HE FAILS TO DISPUTE THAT THERE IS NO INDI CATION ABOUT ACTUAL SERVICE OF THE LOWER APPELLATE HEARINGS N OTICE UPON THE ASSESSEE TO THIS EFFECT. FACED WITH THIS SITUATION, WE DEEM IT APPROPRIATE TO RESTORE THE ASSESSEES MAIN SECTION 80-IB DEDUCTION DISALLOWANCE GROUND AS WELL AS THE FOREGOING ADDITION AL GROUND(S) BACK TO THE CIT(A) FOR HIS AFRESH ADJUDICATI ON AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. TH E ASSESSEE OR ITS LEARNED AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE CIT(A) ON OR BEFORE 30-09-2021; WITH ALL THE RELEVANT EVIDENCE, AT ITS OWN RISK AND RESPONSIBILITY TO BE FO LLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. 4. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR S TATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JUNE, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 11-06-2021 TNMM ITA NO. 2405/HYD/2018 :- 3 -: COPY TO : 1.M/S.R.V.NIRMAAN PRIVATE LIMITED, H.NO.8-2- 268/1/16/B/1, SRI NIKETAN COLONY, ROAD NO.3, BANJAR A HILLS, HYDERABAD. 2.THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.PR.CIT-3, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.