Rasheed Mohammed, Hyderabad V. Income Tax Officer, Ward-1, Vikarabad

ITA 276/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7391 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 05-07-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 18-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LAKKA BHUSHANAM
• Assessee Lawyers: K A SAI PRASAD
• Keywords: Capital asset; Capital Gains
• Section: 2(14); 201; 274

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH A HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER I.T.A. NO. 275 /HYD./20 20 A.Y : 20 1 1 - 12 SRI MOHMOOD MOHAMMED VS. ITO, WARD 1 HYDERABAD VIKARABAD [PAN: BHMPM8913N ] I.T.A. NO. 276 /HYD./20 20 A.Y : 20 11 - 1 2 SRI RASHEED MOHAMMED VS. ITO, WARD 1 HYDERABAD VIKARABAD [PAN: AQLPM2960L ] I.T.A. NO. 279 /HYD./20 20 A.Y : 20 11 - 12 SRI HUSANALI MOHAMMED VS. ITO, WARD 1 HYDERABAD VIKARABAD [PAN: BRSPM7377Q ] (APPELLANT) (RESPONDENT) FOR ASSESSEE: SHRI K.A. SAI PRASAD, ADV. FOR REVENUE: SRI LAKKA BHUSH A NAM, D R DATE OF HEARING : 05 /0 7 /2021 DATE OF PRONOUNCEMENT : 17 /0 8 /2021 O R D E R PER S.S. GODARA, J.M. TH ESE ARE ASSESSEES APPEAL S AGAINST THE CIT (A) - 2 , HYDERABADS ORDER S DATED 20.01.2020 IN CASE NO S 10381 /201 8 - 19 AND 10387 /2018 - 19 AND CASE NO. 10384/2018 - 19 DATED 06.01.2020 FOR AY 201 1 - 12 ; RESPECTIVELY, ITA NOS.. 275, 276 AND 279?HYD/2020 AY 2011 - 12 SRI MOHMOOD MOHAMMED, RASHEED MOHAMMED, HUSANALI MOHAMMED 2 INVOLVING PROCEEDINGS U/S 1 43(3) RWS 14 7 OF THE INCOME TAX ACT, 1961 [ IN SHORT THE ACT ]. HEARD THE ASSESSEES REPRESENTED BY SRI K.SAI PRASAD, AR AND SRI LAKKA BHUSHANAM LD.DR REPRESENTING THE DEPARTMENT. 2. IT EMERGES AT THE OUTSET THAT BOTH THE L EARNED LOWER AUTHORITIES HAVE ASSESSED ALL THE THREE INSTANT ASSESSEES FOR HAVING DERIVED CAPITAL GAINS ON ACCOUNT OF TRANSFER OF LAND AT SURVEY NOS. 100 AND 107 MOKILAA VILLAGE, SHANKARPALLI MANDAL, R.R.DT. (TS). WE NEXT NOTE THAT ALL THESE THREE ASSESSE ES ARE CO - SHARERS IN THIS SAID LAND AND THIS TRIBUNALS SMC BENCH COMMON ORDER DATED 4.2.2021 IN ITA 269 TO 274 AND 277 AND 278/HYD/2020 FILED BY THE OTHER CO - SHARERS, HAS RESTORED THE VERY ISSUE BACK TO THE FILE OF ASSESSING OFFICER TO DETERMINE AS TO WHETHER THE LAND(S) HEREIN FORMED CAPITAL ASSET(S) U/S 2(14) O F THE ACT. THE ASSESSING OFFICER HAS FURTHER BEEN DIRECTED TO VERIFY THE ASSESSEES THAT THESE LANDS HAD BEEN SOLD IN SUBSEQUENT AYS. FACED WITH THIS SITUATION, WE DEEM IT FIT AND PROPER TO ISSUE THE SAME DIRECTIONS TO THE ASSESSING OFFICER BY ADOPTING J UDICIAL CONSISTENCY. 3. THESE ASSESSEES OR THEIR AUTHORISED REPRESENTATIVES ARE DIRECTED TO APPEAR BEFORE THE ASSESSING OFFICER ON OR BEFORE 3 0 TH NOVEMBER , 2021 WITH ALL THE RELEVANT EVIDENCE TO THIS EFFECT, AT THEIR OWN RISK AND RESPONSIBILITY FOLLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. THESE THREE ASSESSEES APPEALS ARE ACCEPTED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN OPEN COURT ON 17 TH AUGUST 2021. SD/ - SD/ - (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 17 TH AUGUST, 2021. * GMV ITA NOS.. 275, 276 AND 279?HYD/2020 AY 2011 - 12 SRI MOHMOOD MOHAMMED, RASHEED MOHAMMED, HUSANALI MOHAMMED 3 COPY OF THE ORDER FORWARDED TO: 1. (I) SRI MAHMOOD MOHAMMED, (II) SRI RASHEED MOHAMMED AND (IIII) SRI HUSANALI MOHAMMED : C/O KATRAPATI & ASSOCIATES, 1 - 1 - 298/2/B/3, 1 ST FLOOR, ASHOK NAGAR, HYDERABAD 500 0 20 , TELANGANA. 2. ITO, WARD 1 , VIKARABAD 3. ACIT, RANGE 9, HYDERABAD. 4. CIT(A) - 7, HYDERABAD 5. PR.CIT - 7, HYDERABAD 6 . DR, ITAT, HYDERABAD. 7 . GUARD FILE.