ZVSTROY , Hyderabad V. Asst. Commissioner of Income Tax, Circle-6(1), Hyderabad

ITA 545/Hyd/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2397 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 09-03-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 23-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M NARMADA
• Keywords: TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 545/HYD/18 2008-09 M/S.ZVSTROY GDCL-JV HYDERABAD [PAN: AAAFZ3665N] ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6(1), HYDERABAD 546/HYD/18 2013-14 INCOME TAX OFFICER, WARD-6(2), HYDERABAD FOR ASSESSEE : SHRI A.SRINIVAS, AR FOR REVENUE : SMT. M.NARMADA, DR DATE OF HEARING : 09-03-2020 DATE OF PRONOUNCEMENT : 18-03-2020 O R D E R PER SMT. P. MADHAVI DEVI, J.M. : BOTH ARE ASSESSEES APPEALS FOR THE AYS.2008-09 & 2013-14 RESPECTIVELY. IN BOTH OF THESE APPEALS, ASSES SEE IS AGGRIEVED BY THE EX-PARTE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS). 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A FI RM, ENGAGED IN THE BUSINESS OF CIVIL CONTRACTS. IT FILED ITS RETURN OF INCOME FOR THE AY.2008-09 ON 29-09-2008, DECLARING TA XABLE INCOME OF RS.98,44,430/-. ITA NOS. 545 & 546/HYD/2018 :- 2 -: 3. DURING THE ASSESSMENT PROCEEDINGS U/S.143(3) OF TH E INCOME TAX ACT [ACT], THE TAXABLE INCOME WAS ALSO DETERM INED AT RS.98,44,430/-. LATER, THE ASSESSING OFFICER (AO) N OTICED THAT THERE IS A DIFFERENCE TO THE TUNE OF RS.11,93,011/- BETWEEN THE GROSS CONTRACT RECEIPTS AS PER THE TDS CERTI FICATE AND GROSS CONTRACT RECEIPTS DECLARED BY THE ASSESSEE IN ITS RETURN OF INCOME. THEREFORE, THE ASSESSMENT WAS RE-OP ENED BY ISSUANCE OF NOTICE U/S.148 OF THE ACT, DT.09-03-2015 AN D THE DIFFERENCE OF GROSS CONTRACT RECEIPTS WAS BROUGHT TO TAX. 3.1. AGGRIEVED, THE ASSESSEE PREFERRED AN APPEAL BEF ORE THE CIT(A), WHO CONFIRMED THE ORDER OF THE AO, EX-PARTE THE ASSESSEE. 4. LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESS EE APPEARED BEFORE THE CIT(A) AND HAD SOUGHT FOR AN ADJO URNMENT BUT THE CIT(A) HAS DISPOSED-OF THE APPEAL, EX-PARTE. THEREFORE, HE PRAYED FOR ANOTHER OPPORTUNITY BEFORE THE CIT(A) TO ARGUE THE MATTER ON MERITS. 5. SIMILARLY FOR THE AY.2013-14 ALSO, THE ASSESSMENT W AS COMPLETED U/S.144 OF THE ACT AND THE DIFFERENCE IN THE R ECEIPTS AS APPEARING IN FORM-26AS AND THE RECEIPTS DECLARED I N THE PROFIT & LOSS A/C WAS BROUGHT TO TAX. LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT FOR THIS ASSESSMENT YEAR, THOUGH THE ASSESSEE APPEARED BEFORE THE CIT(A) AND SOUGHT ADJOUR NMENT ON ONE OR TWO OCCASIONS, SINCE THERE WAS NO RESPONSE TO THE NOTICES OF THE CIT(A) ON THE TWO OCCASIONS, THIS APPEAL WAS ALSO DISPOSED-OF EX-PARTE THE ASSESSEE AND ASSESSMENT WAS CONFIRMED BY THE CIT(A). ITA NOS. 545 & 546/HYD/2018 :- 3 -: LD.COUNSEL FOR THE ASSESSEE SOUGHT REMAND OF THE ISSU E TO THE FILE OF CIT(A) FOR THIS ASSESSMENT YEAR ALSO FOR A DECISION ON MERITS. 6. AT THE OUTSET, IT IS SEEN THAT BOTH THESE APPEALS ARE BARRED BY LIMITATION OF 30 DAYS. THE ASSESSEE HAS FI LED AN APPLICATION, SEEKING CONDONATION OF DELAY, STATING THAT - THE DELAY IS DUE TO ABSENCE OF A FULL TIME PERSONS, WHO LOOK AFTER THE AFFAIRS OF THE FIRM AND ALSO SINCE THE PART TIME ST AFF HAD KEPT THE ORDER WITH THEM AND INTIMATED TO THE AUTHORISED SIG NATORY ONLY WHEN HE VISITED HYDERABAD . 7. LD.DR OPPOSED THE CONDONATION OF DELAY. 8. BEING SATISFIED WITH THE REASONS GIVEN FOR CONDON ATION OF DELAY, THE DELAY IN FILING OF THE APPEALS IS CONDONE D AND SINCE THE APPEALS WERE DECIDED EX-PARTE, WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF CIT(A) WITH A DIRECTIO N TO RE- ADJUDICATE THE MATTER ON MERITS, AFTER GIVING THE ASSESS EE A FAIR OPPORTUNITY OF HEARING. 9. IN THE RESULT, BOTH THE APPEALS OF ASSESSEE ARE TREATE D AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MARCH, 2020 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 18-03-2020 TNMM ITA NOS. 545 & 546/HYD/2018 :- 4 -: COPY TO : 1. M/S.ZVSTROY GDCL-JV, 610B, NIL GIRI BLOCK, ADITY A ENCLAVE, AMEER PET, HYDERABAD. 2. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6(1 ), HYDERABAD. 3. THE INCOME TAX OFFICER, WARD-6(2), HYDERABAD. 4. CIT(APPEALS)-6, HYDERABAD. 5. THE PR.CIT-6, HYDERABAD. 6. D.R. ITAT, HYDERABAD. 7. GUARD FILE.