Sheladia Associates Inc, Hyderabad V. Dy. Commissioner of Income Tax, International Taxation-2, Hyderabad

ITA 570/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2404 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 18-10-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 22-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARUCHURI DINESH
• Assessee Lawyers: RAMA MOHAN GIRI
• Section: 250; 113

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L . P . SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 570 /HYD/20 20 (ASSESSMENT YEAR : 20 08 - 09 ) M/S. SHELADIA ASSOCIATES, INC SECUNDE RABAD. PAN AAFCS 7792F ..APPELLANT. VS. DY. COMMISSIONER OF INCOME TAX , INTERNATIONAL TAXATION - 2, HYDERABAD. ..RESPONDENT. APPELLANT BY : SHRI RAMAMOHAN GIRI. RESPONDENT BY : SHRI P ARUCHURI DINESH. (D.R.) DATE OF HEARING : 18.10. 2021. DATE OF PRONOUNCEMENT : 27 . 10 .2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 20 08 - 09 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS), HYDERABAD - 10 ORDER DT. 17.03.2020 PASSED IN CASE NO. ITBA / APL / S / 250 / 2019 - 20 / 1026687606(1) I N PROCEEDINGS UNDER SECTION 250 OF THE INCOME TAX ACT, 1961 (THE ACT). HEARD BOTH THE PART IES . C ASE FILE PERUSED. 2 ITA NO. 570/HYD/2020 2. COMING TO THE ASSESSEE'S SOLE SUBSTANTIVE GRIEVANCE THAT BOTH THE LOWER AUTHORITIES HAVE ERRED IN LAW AND ON FACTS IN EXERCISING THEIR 154 JURISDICTION , W E NOTE THAT THE ASSESSING OFFICERS CONSEQUENTIAL ORDER DT.4.1.2019 IN ISSUE HAD NOT TAKEN INTO CONSIDERATION ORDER IN ITS YET ANOTHER 154 PETITION DT.5.3.2012 ACCEPTED ON 10.05.20212. THE ASSESSING OFFICER OBSERVE S THAT THE SAME IS NOT CONSIDERED SINCE IT IS NOT CLEAR AS TO ON WHAT BASIS THE ASSESSEE'S CLAIM WAS ALLOWED. WE FIND NO MERIT IN THE REVENUES INSTANT STAND AS THE ASSESSING OFFICERS IMPUGNED CONSEQUENTIAL ORDER HAS NO JURISDICTION TO IGNORE AN ORDER DULY PASSED IN ASSESSEE'S FAVOUR IN RECTI FICATION JURISDICTION . N OR COULD THE ASSESSING AUTHORITY BE HELD TO HAVE ANY JURISDICTION FOR QUESTION OF CORRECTNESS THEREOF ON MERIT OR ON L EGALITY ; AS THE CASE MAY BE. WE THEREFORE ACCEPT THE ASSESSEE'S INSTANT SOLE SUBSTANTIVE GRIEVANCE FOR THIS PREC ISE REASON ALONE. THE CIT(A)S ORDER UNDER CHALLENGE AFFIRMING THE ASSESSING OFFICERS ACTION TO THIS IS HELD AS NOT SUSTAINABLE IN LAW THEREFORE . 3 ITA NO. 570/HYD/2020 NO OTHER GROUND HAS BEEN PRESSED BEFORE US. 3. THIS ASSESSEE'S APPEAL IS ALLOWED IN ABOVE TER MS. ORDER PRONOUNCED IN THE OPEN COURT ON 27TH OCT . , 2021. SD/ - SD/ - (L .P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 27 . 10 .2021. * REDDY GP COPY TO : 1. M/S. SHELADIA ASSOCIATES INC., 9 - 1 - 113 TO 118 AMSRI SHAMIRA, 2 ND FLOOR, SD ROAD, OLD LANCER LANES, SECUNDERABAD - 500 003 2. DCIT, INTRERNATIONAL TAXATION - 2, HYDERABAD. 3. C C I T , (IT(SZ), BENGALURU. 4. CIT( IT & TP), HYDERABAD / CIT(A) - 10, HYDERABAD 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.