M/s Vanshee Builders & Developers Pvt Ltd , Bangalore V. The Additional Commissioner of Income Tax Range-7(1), Bangalore

ITA 2543/BANG/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7804 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 07-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K BIJU
• Assessee Lawyers: NITISH RANJAN
• Keywords: Set aside
• Section: 271E; 250; 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 2543 & 2552 /BANG/2018 (ASSESSMENT YEAR: 201 1 - 12 ) M/S. VANSHEE BUILDERS & DEVELOPERS PVT. LTD., NO.707, 7 TH MAIN, HAL 2 ND STAGE, INDIRANAGAR, BANG ALORE - 560 038 .APPELLANT PAN AABCV 3394G VS. ADDL . COMMISSIONER OF INCOME TAX, RANGE 7(1), BANGALORE. RESPONDENT. ASSESSEE BY: SHRI NITISH RANJAN, C.A. REVENUE BY: SHRI M.K. BIJU, ADDL. CIT (D.R) DATE OF HEARING : 08.01 .20 20 DATE OF PRONOUNCEMENT : 22 .01 .20 20 O R D E R PER BENCH : THESE TWO APPEALS FILED BY THE ASSESSEE AGAINST DIFFERENT ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS) PASSED UNDER SECTION 271D, 271E AND 250 OF THE INCOME TAX ACT, 1961 ('THE ACT'). SINCE THESE APPEALS HAVE IDENTICAL 2 ITA NO S . 2543 & 2552/BANG/2018 ISSU E S A ND INTERCONNECTED, HENCE THEY ARE CLUBBED AND HEARD TOGETHER AND COMMON CONSOLIDATED ORDER IS PASSED. 2. FOR THE SAKE OF CONVENIENCE, WE SHALL TAKE UP THE ITA NO.2552/BANG/2018 AND THE FACTS NARRATED . AT THE TIME OF HEARING, THE LEARNED AUT HORISED REPRESENTATIVE OF THE ASSESSEE SUBMITTE D THAT PETITION FOR ADMISSION OF ADDITIONAL GROUNDS OF APPEAL HAS BEEN FILED O N L I M I T A T I O N O F P A S S I N G O F P E N A L T Y O R D E R W H I C H I S AS UNDER : 6. AGGRIEVED WITH THE LEARNED CIT (APPEALS) O RDER, THE PETITIONER IS IN APPEAL BEFORE YOUR LD. AUTHORITY AND WISHES TO FURNISH THE FOLLOWING ADDITIONAL GROUND : THE IMPUGNED ORDER PASSED UNDER SECTION 271E OF THE ACT IS TIME BARRED IN ACCORDANCE WITH SECTION 275(1)(C) OF THE ACT IN ACCORDANCE WITH T HE CBDT CIRCULAR IN CIRCULAR NO.10/2016 DATED 26.04.2016, THEREBY RENDERING IT LIABLE TO BE QUASHED . 3. THE LEARNED AUTHORISED REPRESENTATIVE EMPHASIZED THAT THE ORDER IS BARRED BY LIMITATION AND HAS TO BE SQUASHED AND THE LEARNED DEPARTMENTAL REP RESENTATIVE HAS NO SERIOUS OBJECTION ON ADMITTING THE ADDITIONAL GROUNDS O F A P P E A L . A C C O RDINGLY THE ADDITIONAL GROUNDS ARE ADMITTED AND HEARD. 4. WE FOUND THAT THIS GROUND OF APPEAL WAS NOT RAISED BEFORE THE CIT(APPEALS) AND ALSO GOES TO THE ROOT OF THE CAUSE, HENCE WE CONSIDER IT PROPER TO RESTORE THE ADDITIONAL GROUNDS OF APPEAL TO THE FILE OF CIT(APPEALS) AS NO FINDING WAS GIVEN IN HIS ORDER ON THIS LEGAL ISSUE. ACCORDINGLY, WE SET ASIDE THE ORDER OF CIT(APPEALS) AND R ESTORE THE ENTIRE DISPUTED ISSUE S ALONG WITH ADDITIONAL 3 ITA NO S . 2543 & 2552/BANG/2018 GROUNDS OF APPEAL TO THE FILE OF CIT(APPEALS) TO ADJUDICATE AFRESH AND PASS A SPEAKING ORDER AND ALSO THE ASSESSEE SHOULD BE PROVIDED ADEQUATE OPPORTUNITY OF HEARING. THE ASSESSEE SHALL CO - OPERATE IN SUBMITTING THE INFORMATION FOR EA RLY DISPOSAL OF APPEAL. 5. SIMILARLY, THE ASSESSEE HAS FILED AN APPEAL ITA NO.2543/BANG/2018, IN THIS APPEAL ALSO ADDITIONAL GROUNDS OF APPEAL A R E F I L E D , A N D THE FACTS ARE SIMILAR TO THE DECISION IN ITA NO.2552/BANG/2018 ABOVE , A N D THE SAME DECISION SHALL APPLY T O THIS APPEAL . ACCORDINGLY, WITH THE SIMILAR DIRECTION, W E RESTORE D I S P U T E D I S S U E S A L O N G W I T H A D D I T I O N A L G O R U N D S O F A P P E A L T O T H E F I L E O F CIT(APPEALS) AND ALLOW THE GROUNDS OF APPEAL OF ASSESSEE FOR STATISTICAL PURPOSES. 6. IN THE RESULT, THE ASSESSEE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. S D / - S D / - (A.K. GARODIA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 2 . 0 1 . 20 20 . *REDDY GP 4 ITA NO S . 2543 & 2552/BANG/2018 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE