Concap Holdings Limited, Hyderabad V. Income Tax Officer, Hyderabad

ITA 702/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5423 (ITAT-HYDERABAD)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2018-2019
• Appeal Filed On: 19-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Earning of tax free income; Revised return
• Section: 143(1); 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH : HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 702/HYD/2020 (ASSESSMENT YEAR: 2018-19) CONCAP HOLDINGS PRIVATE LIMITED, C/O.LUHARUKA AND ASSOCIATES, 5-4-187/3 & 4, 2D FLOOR, SOHAM MANSION, M.G. ROAD, RANIGUNJ, SECUNDERABAD. TELANGANA 500003. PAN : AACCC3585F. ..APPELLANT. VS. THE INCOME TAX OFFICER, WARD 1(4), HYDERABAD. ..RESPONDENT. APPELLANT BY : NONE. RESPONDENT BY : SHRI SUNKU SRINIVAS, DR. DATE OF HEARING : 08.09.2021 DATE OF PRONOUNCEMENT : 09.09.2021 O R D E R PER S.S. GODARA, J.M. : THIS ASSESSEES APPEAL ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEAL) 1, HYDERABAD ORDER DT.23.09.2 020 PASSED IN CASE NO.10674/2019-20/ITO-1(4)/HYD/CIT(A)-1/2020 -21 2 ITA NO702/HYD/2020 INVOLVING PROCEEDINGS UNDER SECTION 154 OF INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE. CASE FILES PERUSED. NONE APPEARS AT ASSESSEES BEHALF. IT I S ACCORDINGLY PROCEEDED EX-PARTE. 2. THE ASSESSEE HAS PLEADED THE FOLLOWING PLEADINGS IN THIS PRESENT APPEAL : 1. THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 1 IS CONTRARY TOO LAW & FACTS OF THE CASE. 2. THE APPELLANT CONTENDS THAT THE LEARNED COMMISS IONER OF INCOME TAX (APPEALS) HAS PASSED THE ORDER ON THE BASIS OF THE FOLLOWING FACTS WHICH ARE FACTUALLY INCORRECT A. THE ORIGINAL RETURN OF INCOME WAS FILED ON 26.10.20 18, WELL WITHIN THE EXTENDED DUE DATE OF 31.10.2018. B. THE APPELLANT HAS NOT FILED ANY REVISED RETURN. IN RESPONSE TO INTIMATION U/S 143(1) OF THE IT ACT, POINTING OUT C ERTAIN DEFECTS IN THE ORIGINAL RETURN OF INCOME, THE APPELLANT HAS FILED RECTIFIED RETURN ON 22.01.2020, FILING UP THE SCHEDULE BP OF EXEMPT INC OME. HENCE, THE QUESTION OF FILING ANY REVISED RETURN OF INCOME BEY OND DUE DATE DOES NOT ARISE. 3. THE APPELLANT CONTENDS THAT THE LEARNED COMMISS IONER OF INCOME TAX (APPEALS) HAS ERRED IN NOT CONSIDERING THE FACT TH AT THE CPC HAS RECTIFIED THE INTIMATION WHEN SIMILAR MISTAKE HAS HAPPENED I N APPELLANTS CASE FOR THE ASSESSMENT YEAR 2016-17. 4 THE APPELLANT CONTENDS THAT DUE TO OVERSIGHT THE EXEMPT INCOME SCHEDULE WAS NOT FILLED UP IN THE ORIGINAL RETURN OF INCOME AND THE SAME WAS RECTIFIED SUBSEQUENTLY. HENCE THE ADJUSTMENT MADE IN THE INTIMATION U/S 143(1) ADDING EXEMPT INCOME TO THE RETURNED INCOME BE DELETED. 5. THE APPELLANT CRAVES LEAVE TO ADD, AMEND ALTER OR DELETE ANY OR ALL THE ABOVE GROUNDS OF APPEAL AT THE TIME OF HEARING . 3 ITA NO702/HYD/2020 4. COMING TO THE SOLE SUBSTANTIVE ISSUE REGARDING A DDITION OF RS.2,46,12,550/- MADE IN THE CPC PROCESSING DATED 27.01.2020 U/S 154, LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THAT THE CIT(A) ON THE ONE HAND HAS MADE IT CLEAR THAT NONE HAD APPEARED FOR THE ASSESSEE, WHEREAS, ON THE OTHER HA ND HE HAS TAKEN INTO CONSIDERATION ITS ALLEGED WRITTEN SUBMIS SIONS. 5. FACED WITH THIS SITUATION, WE DEEM IT APPROPRIAT E TO RESTORE THE ASSESSEES INSTANT SOLE SUBSTANTIVE GRIEVANCE B ACK TO THE CIT(A) FOR HIS APPROPRIATE ADJUDICATION AFRESH AFTER AFFORD ING THREE EFFECTIVE OPPORTUNITIES OF HEARING TO THE TAXPAYER . 6. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTIC AL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED ON 9 TH DAY OF SEPTEMBER, 2021. SD/- SD/- SD/- SD/- (L.P. SAHU) (S .S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMB ER HYDERABAD, DT 09.09.2021. *TYNM 4 ITA NO702/HYD/2020 COPY FORWARDED TO: 1. CONCAP HOLDINGS PRIVATE LIMITED, C/O.LUHARUKA AND ASSOCIATES, 5-4-187/3 & 4, 2D FLOOR, SOHAM MANSION, M.G. ROAD, RANIGUNJ, SECUNDERABAD. 2. THE INCOME TAX OFFICER, WARD 1(4), HYDERABAD. 3. CIT(APPEALS) 1, HYDERABAD. 4. PR.CIT-1, HYDERABAD. 5. D.R. ITAT HYDERABAD 6. GUARD FILE BY ORDER // C O P Y ////