SMR Builders Private Limited, Hyderabad, Hyderabad V. DCIT, Central Circle-1(2), Hyd, Hyderabad

ITA 6/HYD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7109 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 10-03-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 02-01-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Assessee Lawyers: C S SUBRAMANYAM
• Keywords: Additional evidence
• Section: 143(3); 153A; 14A; 80IB; 13

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NOS. 5 TO 10/HYD/2017 AYS: 2007 - 08 TO 2012 - 13 SMR BUILDERS PRIVATE LIMITED, HYDERABAD. PAN: AACCS 8214 K VS. DCIT, CENTRAL CIRCLE - 1(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI C.S. SUBRAMANYAM REVENUE BY: SHRI Y.V.S.T. SAI, CIT - DR DATE OF HEARING: 10/03/2021 DATE OF PRONOUNCEMENT: 07 /04/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: ALL THE CAPTIONED APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 11, HYDERABAD IN APPEAL NOS. 053 TO 059/CC - 1(2)/CIT(A) - 11/14 - 15, DATED 31/08/2016 PASED U/S. 143(3) R.W.S 153A AND U/S. 250(6) OF THE ACT FOR THE AYS 2007 - 08 TO 2012 - 13. 2. THE ASSESSEE HAS RAISED SEVERAL GROUNDS IN ITS APPEALS HOWEVER, THE CRUXES OF THE ISSUES ARE THAT THE: - 2 (I) THE LD. CIT(A) ERRED IN NOT ALLOWING THE ADDITIONAL EVIDENCE TO SUBSTANTIATE THE CLAIM OF THE ASSESSEE. (II) THE LD. CIT(A) ERRED IN DENYING THE ASSESSEES CLAIM OF DEDUCTION U/S. 80IB OF THE ACT. (III) THE LD. CIT(A) HAD ERRED IN UPHOLDING THE ADDITION MADE BY THE LD. A.O. U/S. 14A OF THE ACT. 3. AT THE OUTSET, THE LD. AR SUBMITTED BEFORE US THAT THE AS SESSEE HAS FILED ADDITIONAL EVIDENCE BEFORE THE TRIBUNAL AS THE SAME WAS NOT ADMITTED BY THE LD.CIT(A) . THE LD. AR FURTHER SUBMITTED THAT THE ADDITIONAL EVIDENCE RELATES TO THE SUBSTANTIAL ADDITIONS MADE BY THE LD. AO WHICH WAS FURTHER SUSTAINED BY THE LD. CIT (A). IT WAS FURTHER SUBMITTED THAT DUE TO SEVERAL CONSTRAINTS THE ASSESSEE WAS UNABLE TO FURNISH THE SAME BEFORE THE LD.AO ON THE EARLIER INSTANCE. IT WAS THEREFORE PLEADED THAT THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE LD. AO FOR DE - NOVO CONSIDERATION IN ORDER TO AVOID MISCARRIAGE OF THE JUSTICE , OTHERWISE IT WOULD BRING IRREPARABLE LOSS TO THE ASSESSEE. 4. THE LD. DR ON THE OTHER HAND, VEHEMENTLY ARGUED FOR SUST AINING THE ORDERS OF THE LD. REVENUE AUTHORITIES SINCE THE LD. REVENUE AUTHORITIES HAVE PROVIDED PROPER OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. 3 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY PERUSED THE MATERIALS ON RECORD. ON PERUSING THE ORDER OF THE LD. REVENUE AUTHORITIES, WE FIND THAT THE ASSESSEE HAS NOT FURNISHED SUFFICIENT EVIDENCE BEFORE THE LD. REVENUE AUTHORITIES AND THEREFORE, THE R EVENUE HAD NO OTHER OPTION BUT TO MAKE SUBSTANTIAL ADDITIONS IN THE HANDS OF THE ASSESSEE. THIS LAPSE ON THE PART OF THE ASSESSEE IS NOT APPRECIABLE. HOWEVER, IT WOULD HAVE BEEN APPROPRIATE ON THE PART OF LD.CIT(A) TO ADMIT THE ADDITIONAL EVIDENCE FILED BE FORE HIM AND AFTER OBTAINING A REMAND REPORT FROM THE LD.AO PASS A SPEAKING ORDER WHICH HE HAS FAILED TO DO SO. S INCE NOW THE ASSESSEE HA S FURNISHED FRESH EVIDENCE BEFORE THE TRIBUNAL AND SINCE THE ADDITION MADE BY THE LD. REVENUE AUTHORITIES IS SUBSTANTIAL, IN THE INTEREST OF JUSTICE, WE HEREBY REMIT THE ENTIRE MATTER BACK TO THE FILE OF THE LD. AO FOR DE - NOVO CONSIDERATION WITH DIRECTION T O ADMIT AND EXAMINE THE ADDITIONAL EVIDENCE FILED BY THE ASSESSEE OR ANY EVIDENCE FILED AT THE TIME OF HEARING AND THEREAFTER PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW AND MERIT. WE ALSO CAUTION THE ASSESSEE TO PROMPTLY CO - OPERATE BEFORE THE LD. REVENU E AUTHORITIES FAILING WHICH THEY SHALL BE AT LIBERTY TO PASS APPROPRIATE ORDER BASED ON THE MATERIALS ON RECORD. 4 6. IN THE RESULT, AL L THE SIX APPEAL S OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES AS INDICATED HEREINABOVE. PRONOUNCED IN THE OPEN COURT ON THE 07 TH APRIL , 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 07 TH APRIL , 2021. OKK COPY TO: - 1) SMR BUILDERS PRIVATE LIMITED, PLOT NO. 73, SMR HOUSE NAGARJUNA HILLS, PANJAGUTTA, HYDERABAD 500 082. 2) DCIT, CIRCLE - 3(2), SIGNATURE TOWERS, KOTHAGUDAM, KONDAPUR, HYDERABAD. 3) THE CIT(A) - 11 , HYDERABAD . 4) THE PR. CIT (CENTRAL) , HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE