Jana Priya Properties Pvt.Ltd., Hyd, Hyderabad V. DCIT, Central Circle-2, Hyd, Hyderabad

ITA 382/HYD/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6328 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 30-03-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 08-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K E SUNIL BABU
• Keywords: Opportunity of being heard

Judgement Text

ITA NOS 381 AND 382 OF 2015 JANAPRIYA PROPERTIES PV T LTD HYDERABAD PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P.MADHAVI DEVI, JUDICIAL MEMBER & SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NOS.381 & 382/HYD/2015 (ASSESSMENT YEARS: 2009-10 & 2010-11) M/S.JANA PRIYA PROPERTIES PRIVATE LIMITED, HYDERABAD PAN: AABCJ 9001 E VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A. SRINIVAS FOR REVENUE : SHRI K.E. SUNIL BABU, DR DATE OF HE A R ING : 8.8.2016 DATE OF PRONOUNCEMENT : 12 .8.2016 O R D E R PER SMT. P. MADHAVI DEVI, J.M. BOTH ARE ASSESSEES APPEALS FOR THE A.YS 2009-10 AN D 2010-11 RESPECTIVELY. IN BOTH THESE APPEALS, ONE OF THE GROUND RAISED BY THE ASSESSEE IS THAT THE CIT (A) HAS DISM ISSED THE CASE WITHOUT GIVING THE ASSESSEE, AN OPPORTUNITY OF BEIN G HEARD BY HOLDING THAT THE ASSESSEE WAS NOT INTERESTED IN PUR SUING THE CASE. THE OTHER GROUNDS ARE AGAINST THE ADDITIONS C ONFIRMED BY THE CIT (A). A.Y. 2009-10 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE CO MPANY, WHICH IS ENGAGED IN THE BUSINESS OF CONSTRUCTION AN D DEVELOPMENT OF HOUSING PROJECTS, FILED ITS RETURN O F INCOME FOR THE RELEVANT A.Y DECLARING NIL INCOME AFTER CLAIMING DE DUCTION U/S ITA NOS 381 AND 382 OF 2015 JANAPRIYA PROPERTIES PV T LTD HYDERABAD PAGE 2 OF 3 80IA OF THE ACT. DURING THE ASSESSMENT PROCEEDINGS, THE AO MADE ADDITIONS TOWARDS INADMISSIBLE EXPENSES AND DISALLOWANCES U/S 80IA OF THE ACT. HE ALSO BROUGHT TO TAX INCOME FROM HOUSE PROPERTY AND INCOME FROM OTHER SOURCES. AGGRIEVED BY THE SAME THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT (A) WHO CONFIRMED THE ORDER OF THE AO BY OBSERVING THAT INSPITE OF SEVERAL OPPORTUNITIES AND NOTICES GIVEN TO THE ASSE SSEE, THE ASSESSEE FILED ADJOURNMENT LETTERS AND HAS NOT APPE ARED BEFORE THE CIT (A). HE, THEREFORE, HELD THAT THE ASSESSEE WAS NOT INTERESTED TO PURSUE THE APPEAL. ACCORDINGLY, THE C IT (A) DISMISSED THE ASSESSEES APPEAL. A.Y 2010-11 3. SIMILARLY IN THE A.Y 2010-11 ALSO, THE ASSESSMEN T WAS COMPLETED BY MAKING DISALLOWANCES U/S 80IA OF THE A CT AGAINST WHICH THE ASSESSEE PREFERRED AN APPEAL BEFORE THE C IT (A) WHO IN SIMILAR CIRCUMSTANCES, DISMISSED THE ASSESSEES APP EAL. AGAINST THE ORDERS FOR BOTH THE A.YS, THE ASSESSEE IS IN AP PEAL BEFORE US. 4. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE M ATERIAL ON RECORD, WE FIND THAT THE CIT (A) HAS ISSUED NOTICES TO THE ASSESSEE ON FOUR OCCASIONS ON WHCH DATES THE ASSESS EE HAS SOUGHT ADJOURNMENT. THE CIT (A) WITHOUT GRANTING TH E ADJOURNMENT TO THE ASSESSEE DISMISSED THE ASSESSEE S APPEAL FOR NON PROSECUTION. WE FIND THAT IT IS NOT THE CASE OF NON APPEARANCE BUT IT IS THE CASE OF SEEKING ADJOURNMEN T AND ALL HIS ADJOURNMENTS WERE SOUGHT AND GRANTED WITHIN A SPAN OF 4 MONTHS. THEREFORE, IN THE INTEREST OF JUSTICE, WE D EEM IT FIT AND PROPER TO SET ASIDE THE ORDER OF THE CIT (A) SUBJEC T TO PAYMENT OF COST OF RS.1000/- FOR EACH OF THE APPEALS FILED BY THE ASSESSEE ITA NOS 381 AND 382 OF 2015 JANAPRIYA PROPERTIES PV T LTD HYDERABAD PAGE 3 OF 3 AND REMAND THE ISSUE TO HIS FILE FOR RECONSIDERATIO N IN ACCORDANCE WITH LAW AFTER GIVING THE ASSESSEE A FAI R OPPORTUNITY OF BEING HEARD. THE ASSESSEE SHALL ALSO COOPERATE W ITH THE CIT (A) BY APPEARING AND FURNISHING THE REQUIRED INFORMATIO N. 5. IN THE RESULT, ASSESSEES APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH AUGUST, 2016. S D/ - S D/ - (S.RIFAUR RAHMAN) (P. MADHAVI DEVI) ACCOUNTANT MEM BER JUDICIAL MEMBER HYDERABAD, DATED 12 TH AUGUST, 2016. VNODAN/SPS COPY TO: 1. M/S. JANAPRIYA PROPERTIES PVT. LTD. 8-2-120/86, PLO T NO.11 & 12, KEERTHI & PRIDE TOWERS, ROAD NO.2, BANJARA HILL S, HYDERABAD 500034 2. DY. CIT, CENTRAL CIRCLE 2, HYDERABAD 3. CIT(A) - 2 HYDERABAD 4. CIT -2 HYDERABAD 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE BY ORDER