Dy. Commissioner of Income Tax , Circle-16(2), Hyderabad V. Maheswari Plaza Resorts Limited, Hyderabad

ITA 620/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7798 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2010-2011
• Appeal Filed On: 05-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B SATYANARAYANA MURTHY
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. NO. 620/HYD/2018 ASSESSMENT YEAR: 2010-11 DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD VS M/S.MAHESWARI PLAZA RESORTS LIMITED, HYDERABAD [PAN: AABCM6346D] (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI ROHIT MUJUMDAR, DR FOR ASSESSEE : SHRI B.SATYANARAYANA MURTHY, AR DATE OF HEARING : 11-01-2021 DATE OF PRONOUNCEMENT : 19-01-2021 O R D E R PER S.S.GODARA, J.M. : THIS REVENUES APPEAL FOR AY.2010-11 ARISES FROM THE CIT(A)-4, HYDERABADS ORDER DATED 16-01-2018 PASSED IN CASE NO.0312 / 2016-17 / ITO,WARD-16(1) / CIT(A)-4 / HYD /17-18 IN PROCEEDINGS U/S.143(3) R.W.S.147 OF THE INCOME TA X ACT, 1961 [IN SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE REVENUES SOLE SUBSTANTIVE GRIEVANCE PLEADED IN THE INSTANT APPEAL CHALLENGES CORRECTNESS OF THE CIT(A)S O RDER QUASHING THE ASSESSING OFFICERS REOPENING ACTION REL YING ON SECTION 147 PROVISO(I) OF THE ACT THAT THE CORRESPONDIN G ITA NO. 620/HYD/2018 :- 2 -: REASONS RECORDED DID NOT ATTRIBUTE THE ASSESSEES FAILUR E IN FULLY AND TRULY DISCLOSING ALL THE MATERIAL PARTICULAR S NECESSARY FOR ASSESSMENT. LEARNED DEPARTMENTAL REPRESENTATIVES SO LE ARGUMENT IS THAT THE SAID STATUTORY PROVISO APPLIES ONL Y IN CASE OF AN ASSESSMENT FRAMED U/S.143(3) OF THE ACT AND NOT OTHERWISE WHEREAS THE INSTANT CASE DOES NOT INVOLVE SUCH A REGULAR ASSESSMENT. 3. LEARNED AUTHORISED REPRESENTATIVE IS EQUALLY FAIR IN NOT DENYING THIS CLINCHING ASPECT. WE THEREFORE CONCLUDE IN THIS FACTUAL AND LEGAL BACKDROP THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN INVOKING SECTION 147, 1 ST PROVISO EVEN IN ABSENCE OF AN ASSESSMENT FRAMED BY THE ASSESSING OFFICER U/S.143 (3) OF THE ACT. WE GO BY THIS PRECISE REASON ALONE TO RESTORE THE REVENUES GRIEVANCES RAISED IN THE INSTANT APPEAL BAC K TO CIT(A) FOR HIS AFRESH ADJUDICATION ON ALL THE ISSUES RAISED THEREIN AS PER LAW WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. 4. THIS REVENUES APPEAL IS TREATED AS ALLOWED FOR STA TISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH JANUARY, 2021 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( S.S. GODAR A ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 19-01-2021 TNMM ITA NO. 620/HYD/2018 :- 3 -: COPY TO : 1.DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD. 2.M/S.MAHESWARI PLAZA RESORTS LIMITED, 5-3-231, PUB LIC GARDEN ROAD, NAMPALLY, HYDERABAD. 3.CIT(APPEALS)-4, HYDERABAD. 4.PR.CIT-4, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.