Sarat Chandra Srikanth Maguluri , Hyderabad V. Income Tax Officer, Ward-14(2), Hyderabad

ITA 280/Hyd/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6059 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 09-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANJALA SAHU
• Assessee Lawyers: C S SUBRAMANYAM
• Section: 144

Judgement Text

ITA NO 280 OF 2018 SARAT CHANDRA SR IKANTH MAGULURI HYDERABAD. PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.280/HYD/2018 (ASSESSMENT YEAR: 2009-10) SHRI SARAT CHANDRA SRIKANTH MAGULURI, HYDERABAD PAN: AAEFT3798A VS INCOME TAX OFFICER WARD 14(2) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI C.S. SUBRAMANYAM FOR REVENUE : SMT. ANJALA SAHU, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2009-10 AGAIN ST THE ORDER OF THE CIT (A)-6, HYDERABAD, DATED 05.12. 2017 IN CONFIRMING THE PENALTY LEVIED BY THE AO U/S 271(1)( C) OF THE ACT. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF AP PEAL: 1 THE ORDER OF THE LEARNED COMMISSIONER OF INCOME- TAX ( APPEALS) IS ERRONEOUS IN LAW AND ON THE FACTS OF THE CASE. 2. THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) OUGHT TO HAVE CONDONED THE DELAY IN FILING THE APPE AL AND DECIDED THE ISSUE ON MERITS. 3. THE LEARNED CIT(A) OUGHT TO HAVE CONSIDERED THAT THE SAME OFFICE OF LEARNED CIT(A), ON 04TH APRIL, 2017 PASSED THE APPELLATE ORDER FOR THE A.Y.2009-2010 DELETING THE ADDITION MADE IN THE ORDER U/S 144 R.W .S. 147 DATED 27TH FEBRUARY, 2015 BY HOLDING THAT THE R E- DATE OF HEARING: 01.06 . 201 8 DATE OF PRONOUNCEMENT: 06.06.2018 ITA NO 280 OF 2018 SARAT CHANDRA SR IKANTH MAGULURI HYDERABAD. PAGE 2 OF 3 ASSESSMENT PROCEEDINGS WERE BAD IN LAW THEREBY THE PENALTY LEVIED BASING ON SUCH RE-ASSESSMENT ORDER I S NO LONGER MAINTAINABLE. 4. THE LEARNED CIT(A) PASSED APPELLATE ORDER WHICH DOES NOT SURVIVE SINCE THE ASSESSMENT BASING ON WHI CH PENALTY WAS LEVIED, WAS QUASHED BY THE CIT(A) BEFOR E PASSING OF THE APPELLATE ORDER AGAINST THE LEVY OF PENALTY. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS FILED BEFORE US THE COPY OF THE ORDER OF THE CIT (A)-6, HYDERABAD DATED 4.4.2017 WHEREIN THE ASSESSMENT ORD ER PASSED U/S 144 R.W.S. 147 OF THE ACT FOR THE A.Y 2009-10 W AS CONSIDERED AND THE ASSESSMENT ITSELF HAS BEEN HELD TO BE INVAL ID. WE FIND THAT THE PENALTY HAS BEEN LEVIED AGAINST THE ADDITIONS M ADE IN THE ASSESSMENT U/S 144 R.W.S. 147 OF THE ACT AND SUCH P ENALTY HAS BEEN CONFIRMED BY THE CIT (A) AGAINST WHICH THE PRE SENT APPEAL IS FILED. AS POINTED OUT BY THE LEARNED COUNSEL FOR TH E ASSESSEE, THE PENALTY IS TO BE LEVIED ON THE INCOME WHICH IS SOUG HT TO BE EVADED BY THE ASSESSEE. IN THE CASE BEFORE US, SINCE THE R E-ASSESSMENT ITSELF HAS BEEN HELD TO BE INVALID, THERE IS NO CAS E OF ANY EVASION OF INCOME. IN VIEW OF THE SAME, WE ARE OF THE OPINI ON THAT THE PENALTY ORDER HAS NO LEGS TO STAND. THE PENALTY ORD ER IS ACCORDINGLY SET ASIDE. 3. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH JUNE, 2018. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED JUNE 2018. VINODAN/SPS ITA NO 280 OF 2018 SARAT CHANDRA SR IKANTH MAGULURI HYDERABAD. PAGE 3 OF 3 COPY TO: 1 SRI SARAT CHANDRA SRIKANTH MAGULURI, F.NO.203, PR ASHANTI RESIDENCY, 6-2-674/8/33 ROAD NO.12, BANJARA HILLS, HYDERABAD 500033 2 ITO WARD 14(2) HYDERABAD6 3 CIT (A) - 6, HYDERABAD 4 PR. CIT 6, HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER