Sri Sai Educational Society, Mahbubnagar V. Income Tax Officer, Ward-1, Mahbubnagar

ITA 336/Hyd/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7226 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 03-09-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 19-02-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R S ARVINDAKSHAN
• Keywords: Period of limitation; Reasonable cause; Assessment record
• Section: 143(3); 271B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B - SMC, HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NOS. 333, 334, 335 & 336/HYD/2018 ASST. YEARS: 2007 - 08, 2008 - 09, 2010 - 11 & 2011 - 12 SRI SAI EDUCATIONAL SOCIETY, MAHABUBNAGAR. PAN: AAFAS 6773 C VS. INCOME TAX OFFICER, WARD - 1, MAHABUBNAGAR. (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI MOHD. AFZAL REVENUE BY: SRI R.S. ARVINDAKSHAN, DR DATE OF HEARING: 03/09/2020 DATE OF PRONOUNCEMENT: 04 /09/2020 ORDER ALL THESE APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDERS OF THE LD. CIT(A) - 4, HYDERABAD IN APPEAL NOS. 0296, 0293, 0295 & 0294/2015 - 16/ITO, W - 1, MAHBNR./CIT(A) - 4/HYD/17 - 18, DATED 15/11/2017 PASSED U/S. 271B R.W.S 250(6) OF THE ACT FOR THE AYS 2007 - 08, 2008 - 09, 2010 - 11 & 2011 - 12. 2. THE ASSESSEE HAS RAISED IDENTICAL GROUNDS IN AL L ITS APPEALS WHICH ARE EXTRACTED HEREIN BELOW FOR REFERENCE: - 1. THE ORDER OF THE LD. CIT (A) IS AGAINST THE LAW, WEIGHT OF EVIDENCE AND PROBABILITIES OF CASE. 2. THE LD. CIT (A) ERRED IN CONFIRMING THE ORDER U/S. 271B OF THE ACT LEVYING PENALTY OF RS. 2 6,700/ - ( AY 2007 - 08); RS. 68,858/ - ( AY 2008 - 09); RS. 1,00,000/ - ( AY 2010 - 11) AND RS. 1,00,000/ - (AY 2011 - 12). 3. THE LD. CIT (A) OUGHT TO HAVE APPRECIATED THAT THE PENALTY PROCEEDINGS U/S. 271B OF THE ACT WERE NOT INITIATED DURING THE COURSE OF ASSESSMENT PROCEEDINGS OR AT THE TIME OF PASSING AN ORDER U/S. 143(3) R.W.S 147 ON 31/3/2013, THEREFORE, THE PROCEEDINGS INITIATED ON 28/11/2014, ARE BAD IN LAW. 4. THE LD CIT (A) OUGHT TO HAVE APPRECIATED THAT THE ASSESSEE IS HAVING SUFFICIENT AND REASONABLE CAUSE F OR NOT GETTING BOOKS OF ACCOUNTS AUDITED, THEREFORE, ERRED IN NOT DELETING THE PENALTY. 5. THE APPELLANT CRAVES LEAVE TO ADD TO, AMEND AND MODIFY THE ABOVE GROUNDS OF APPEAL EITHER BEFORE OR AT THE TIME OF HEARING OF THE APPEAL, IF IT IS CONSIDERED NECESSARY. 3. AT THE OUTSET, THE LD. AR SUBMITTED BEFORE US THAT THE SHOW CAUSE NOTICE FOR INITIATING PENALTY PROCEEDINGS U/S. 271B OF THE ACT WAS ISSUED TO THE ASSESSEE ON 15/7/2014 FOR THE FIRST TIME FOR ALL THE RELEVANT ASSESSMENT YEARS AND ORDERS WERE PASSED U/S. 271B ON 29/5/2015 WHICH IS BEYOND THE PERIOD OF LIMITATION STIPULATED U/S. 275 OF THE ACT. IT WAS THEREFORE PLEADED THAT THE ORDER PASSED U/S. 271B IN THE CASE OF THE ASSESSEE FOR ALL THE RELEVANT AYS ARE BARRED BY LIMITATION AND THEREFORE THEY ARE REQUIRED TO BE QUASHED. LD DR ON THE OTHER HAND REQUESTED TIME FOR VERIFYING THE ASSESSMENT RECORDS OF THE ASSESSEE. 4. AFTER CONSIDERING THE ARGUMENTS ADVANCED BY BOTH SIDES, I AM OF THE CONSIDERED VIEW THAT THE MATTER IS REQUIRED TO BE LOOKED INTO BY THE LD. AO AND THEREAFTER DECIDE THE MATTER AFRESH ON MERITS BY PASSING A SPEAKING ORDER ON ALL THE ISSUES RAISED BY THE ASSESSEE . THEREFORE, IN THE INTEREST OF JUSTICE, I HEREBY REMIT BACK ALL THE FOUR APPEALS OF THE ASSESSEE TO THE FILE OF THE LD. AO FOR DE - NOVO CONSIDERATION . 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 04 TH SEPTEMBER 2020. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 04 TH SEPTEMBER, 2020. OKK COPY TO: - 1) SRI SAI EDUCATINAL SOCIETY C/O. MOHD. AFZAL, ADVOCATE, 11 - 5 - 465, SHERSONS RESIDENCY, FLAT NO.402, CRIMINAL COURT ROAD, RED HILLS, HYDERABAD - 500 004. 2) INCOME TAX OFFICER, WARD - 1, DEO OFFICE ROAD, MAHABUBNAGAR. 3) THE CIT(A) - 4 , HYDERABAD 4) THE PR. CIT - 4 , HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE