Shanta Sriram Constructions Private Limited , Hyderabad V. Dy. Commissioner of Income Tax, Circle-3(1), Hyderabad

ITA 559/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3934 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 27-09-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 19-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SAI KUMAR SHRI V RAVI BHARDWAJ
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO. 559 /H/20 20 ASSESSMENT YEAR: 2 0 1 3 - 14 SHANTA SRIRAM CONSTRUCTIONS PVT. LTD., HYDERABAD. PAN A A DCS 4180 M VS. DY . COMMISSIONER OF INCOME - TAX , CIRCLE 3 (1) , HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI SAI KUMAR FOR SHRI V. RAVI BHARDWAJ REVENUE BY: S HRI ROHIT MUJUMDAR DATE OF HEARING: 2 7 /0 9 /2021 DATE OF PRONOUNCEMENT: 08 / 10 /2021 O R D E R PER L.P. SAHU, A.M. : TH IS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST CIT(A) 3 , HYDERABAD S ORDER DATED 1 2 / 0 3 / 20 20 FOR AY 20 1 3 - 14 INVOLVING PROCEEDINGS U/S 143( 3 ) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2 . BRIEFLY THE FACTS OF THE C ASE ARE THAT THE ASSESSEE COMPANY FILED ITS RETURN OF INCOME ON 31/10/2013 I TA NO. 559 /HYD /20 20 M/S SHANTA SRIRAM CONSTRUCTIONS PVT. LTD., HYD. : - 2 - : ADMITTING TOTAL INCOME OF RS. 5,39,81,610/ - . SUBSEQUENTLY, THE ASSESSEE COMPANY REVISED IT ON 06/03/2015 ADMITTING TOTAL INCOME AT RS. 4,39,81,610. ASSESSMENT U/S 143(3) WAS COMPLET ED ON 30/06/2015 ASSESSING THE TOTAL INCOME AT RS. 4,49,14,541/ - . 2.1 THEREAFTER, THE ASSESSMENT WAS SUBJECTED TO REVISION U/S 263 BY THE PR. CIT - 3, HYDERABAD AND AN ORDER U/S 263 WAS PASSED ON 31/01/2018 . 2.2 THE AO PASSED CONSEQUENTIAL ORDER U/S 143(3) R.W.S. 263 OF THE ACT ASSESS ING THE INCOME OF THE ASSESSEE AT RS. 5,49,14,540/ - . 3. AGAINST THE SAID ORDER, THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A) AND THE CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE BY HOLDING AS UNDER: 4. WE HAVE CONSIDE RED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD AS WELL AS GONE THROUGH THE ORDERS OF REVENUE AUTHORITIES. THE MAIN GRIEVANCE OF THE ASSESSEE IN THE GROUNDS OF APPEAL IS THAT THE CIT(A) ERRED IN CONCLUDING THAT THE APPEAL FILED BEFORE HIM IS NOT MAINTAINABLE. IN OUR CONSIDERED OPINION, THE CIT(A) WAS WRONG IN DISMISSING THE APPEAL AS NOT MAINTAINABLE AS THE ASSESSEE HAS RIGHTLY FILED APPEAL BEFORE HIM AGAINST THE I TA NO. 559 /HYD /20 20 M/S SHANTA SRIRAM CONSTRUCTIONS PVT. LTD., HYD. : - 3 - : CONSEQUENTIAL ORDER PASSED BY THE AO U/S 143(3) R.W.S. 263 OF THE ACT. THEREFORE, WE REMIT THE FILE BACK TO THE CIT(A) WITH A DIRECTION TO DECIDE THE APPEAL ON MERITS AND IN ACCORDANCE WITH LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE IN THE MATTER. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. 4 . IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 8 TH OCTOBER , 2021 . SD/ - SD/ - ( S.S. GODARA ) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 8 TH OCTOBER , 20 2 1 . K V C OPY TO : 1 M/S SHANTA SRIRAM CONSTRUCTIONS PVT. LTD., 501, OASIS CENTRE, BEGUMPET MAIN ROAD, SOMAJIGUDA, HYDERABAD 500 016 2 D C IT, CIRCLE - 3 ( 1 ) , SIGNATURE TOWERS, HYDERABAD 500 084 3 C I T(A) 3 , HYDERABAD. 4 PR. CIT - 3 , TIRUPATI 5 ITAT, DR, HYDERABAD. 6 GUARD FILE. I TA NO. 559 /HYD /20 20 M/S SHANTA SRIRAM CONSTRUCTIONS PVT. LTD., HYD. : - 4 - : S.NO. DETAILS DATE 1 DRAFT DICTATED ON 2 DRAFT PLACED BEFORE AUTHOR 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS 6 KEPT FOR PRONOUNCEMENT 7 FILE SENT TO BENCH CLERK 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER