Kedia Alloys Limited, Hyderabad V. DCIT, Central Circle-4, Hyderabad

ITA 361/HYD/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3314 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-05-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 09-03-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: V SRINIVAS
• Assessee Lawyers: SYED JAMEELUDDIN
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER I .T.A. NO. 361/HYD/2011 ASSESSMENT YEAR 2005-06 M/S. KEDIA ALLOYS LTD. HYDERABAD PAN: AACCK3181F VS. DY. CIT, CENTRAL CIRCLE-4 [FORMERLY WITH ACIT, CC- 2(1)], HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI SYED JAMEELUDDIN RESPONDENT BY: SHRI V. SRINIVAS O R D E R PER CHANDRA POOJARI, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE CIT(A)-VII, HYDERABAD DATED 31.01.2011 FOR T HE ASSESSMENT YEAR 2005-06. 2. GROUND NO. 1 RAISED BY THE ASSESSEE IS GENERAL I N NATURE IS DISMISSED. 3. GROUND NO. 2 RAISED BY THE ASSESSEE IS AS UNDER: THE ASSESSMENT MADE BY THE ASSESSING OFFICER UNDER SECTION 144 OF THE ACT IS NOT IN ACCORDANCE WITH THE PROVISIONS OF SUB-SECTION (1) OF SECTION 144 AND IS NOT VALID IN LAW. THE CIT (APPEALS) ERRED IN LAW IN NOT CANCELLING SUCH AN ASSESSMENT MADE UNDER SECTION 144 OF THE ACT. 4. WE HAVE HEARD BOTH THE PARTIES ON THIS ISSUE AND ALSO PERUSED THE MATERIAL ON RECORD. ADMITTEDLY, THE AS SESSMENT ORDER WAS PASSED U/S. 144 OF THE INCOME-TAX ACT, 19 61. THE I.T.A. NO. 361/HYD/2011 M/S. KEDIA ALLOYS LTD. ================== 2 ASSESSEE RAISED THIS GROUND BEFORE THE CIT(A) BUT T HE LEARNED CIT(A) HAS NOT GIVEN ANY FINDING ON THIS ISSUE. HE NCE, WE ARE INCLINED TO SET ASIDE THE ORDER OF THE LEARNED CIT( A) ON THIS ISSUE AND REMIT BACK THE MATTER TO THE FILE OF THE CIT(A) TO GIVE APPROPRIATE FINDING ON THIS ISSUE. 5. THE ASSESSEE RAISED VARIOUS OTHER GROUNDS. AT T HIS STAGE WE REFRAIN FROM GOING INTO THESE GROUNDS AS WE HAVE SET ASIDE THE ORDER OF THE CIT(A) ON THE FIRST EFFECTIVE GROU ND ITSELF AND REMITTED BACK THE ISSUE TO THE FILE OF THE CIT(A) T O GIVE APPROPRIATE FINDING. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH MAY, 2011. SD/ - (G.C. GUPTA) VICE PRESIDENT SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 27 TH MAY, 2011 TPRAO COPY FORWARDED TO: 1. M/S. KEDIA ALLOYS LTD., C/O. SHRI SYED JAMEELUDD IN, INCOME-TAX CONSULTANT, 16-7-302, ERRAM COTTAGE, AZAMPURA, HYDERABAD. 2. THE DCIT, CENTRAL CIRCLE-4, HYDERABAD. 3. THE CIT(A)-VII, HYDERABAD. 4. THE CIT (CENTRAL), HYDERABAD. 5. THE DR A BENCH, ITAT, HYDERABAD