Small is Beautiful, Hyd, Hyderabad V. Addl.CIT, Range-6, Hyd, Hyderabad

ITA 314/HYD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3256 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 22-12-2020
• Assessment Year: 2007-2008
• Appeal Filed On: 17-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S RAMA RAO
• Section: 143(3); 22; 154

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. 314/HYD/2016 ASSESSMENT YEAR: 2007-08 SMALL IS BEAUTIFUL, HYDERABAD [PAN: ABAFS3266R] VS ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-6, HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S.RAMA RAO, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 03-02-2021 DATE OF PRONOUNCEMENT : 22-02-2021 O R D E R PER BENCH : THIS ASSESSEES APPEAL FOR AY.2007-08 ARISES FROM TH E CIT(A)-9, HYDERABADS ORDER DATED 31-12-2015 PASSED IN APPEAL NO.0287/ADDL.CIT, RANGE-6/2015-16 IN PROCEED INGS U/S.154 OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT ]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET WITH THE ABLE ASSISTANCE ON BOTH THE PARTIES THAT INSTANT LIS RAISES SECTION 154 RECTI FICATION ISSUE WHEREAS THE REVENUES SLP(C) NO.33818/2014 IN SECTION 143(3) REGULAR ASSESSMENT PROCEEDINGS IS PENDING BEF ORE THE HONBLE APEX COURT. WE THEREFORE ARE OF THE OPINION T HAT LARGER ITA NO. 314/HYD/2016 :- 2 -: INTEREST OF JUSTICE WOULD BE MET IF THE IMPUGNED ISSU E RECTIFICATION BEFORE US IS KEPT ALIVE AT THE ASSESSING OFFICERS END TO BE DECIDED AFRESH AFTER THE FINAL OUTCOME IN THE SECTION 143(3) PROCEEDINGS. ORDERED ACCORDINGLY. IT IS MADE CLEAR THAT THE ASSESSEE SHALL BE ENTITLED TO RAISE FACTUAL/LEGAL P LEAS IN HIS SUPPORT IN THE CONSEQUENTIAL PROCEEDINGS. AND ALSO THA T DELAY; IF ANY IN ALL THIS WAITING PERIOD SHALL NOT BE ATTRIBUTAB LE TO THE DEPARTMENT IN ANY MANNER; WHATSOEVER. 3. THIS ASSESSEES APPEAL IS TREATED AS ALLOWED FOR S TATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND FEBRUARY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 22-02-2021 TNMM ITA NO. 314/HYD/2016 :- 3 -: COPY TO : 1.SMALL IS BEAUTIFUL, 8-2-293/82/A/431/A, ROAD NO.2 2, JUBILEE HILLS, HYDERABAD. 2.THE ADDL.COMMISSIONER OF INCOME TAX, RANGE-6, HYDERABAD. 3.CIT(APPEALS)-9, HYDERABAD. 4.PR.CIT-6, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.