DCIT, Central Circle-3(2), Hyd, Hyderabad V. Dr. P.S. Prasad, New Delhi, New Delhi

ITA 709/HYD/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6240 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 16-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Assessee Lawyers: P MURALI MOHAN RAO
• Keywords: Revision of order
• Section: 143(3); 6; 263

Judgement Text

ITA NOS 709 TO 712 OF 2016MAHITA PRASAD CADELL SECUN DERABAD PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NOS.709/HYD/2016 (ASSESSMENT YEAR: 2009-10) DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1) HYDERABAD VS DR. P.S. PRASAD NEW DELHI PAN: AAMPP 4844 K ITA NOS.710/HYD/2016 (ASSESSMENT YEAR: 2009-10) DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1) HYDERABAD VS SRI SYED RAFIUDDIN HYDERABAD PAN: BERPS 6026 J ITA NOS.711/HYD/2016 (ASSESSMENT YEAR: 2009-10) DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1) HYDERABAD VS SRI M. SURENDRANATH NEW DELHI PAN: AFYPM 6952 L ITA NOS.712/HYD/2016 (ASSESSMENT YEAR: 2009-10) DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1) HYDERABAD VS SMT. MAHITA PRASAD CADELL SECUNDERABAD PAN: ARWPC 6119 M FOR REVENUE: SHRI K.J. RAO, DR FOR ASSESSEE: SHRI P.MURALIMOHAN RAO DATE OF HEARING : 12.09.2016 DATE OF PRONOUNCEMENT : 21.09.2016 ITA NOS 709 TO 712 OF 2016MAHITA PRASAD CADELL SECUN DERABAD PAGE 2 OF 3 O R D E R PER SMT. P. MADHAVI DEVI, J.M. ALL THESE APPEALS ARE PREFERRED BY THE REVENUE FOR THE A.Y 2009-10 AGAINST THE RELIEF GRANTED BY THE CIT (A ) IN THE CASE OF ALL THE ASSESSEES RESPECTIVELY. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSMENT U/S 143(3) R.W.S. 153C OF THE ACT WAS COMPLETED IN THE CASE OF ALL THE ASSESSEES. SUBSEQUENTLY, THE CIT (A) REVISED THE AS SESSMENTS OF ALL THE ABOVE ASSESSEES U/S 263 OF THE ACT WHICH W ERE CHALLENGED BY THE RESPECTIVE ASSESSEES BEFORE THE ITAT. MEANWH ILE, THE AO COMPLETED THE ASSESSMENT U/S 143(3) R.W.S. 263 OF T HE I.T. ACT, AGAINST WHICH, THE RESPECTIVE ASSESSEES PREFERRED A PPEALS BEFORE THE CIT (A). IN THE MEANTIME THE ITAT HAS SET ASIDE THE ORDER U/S 263 AS NOT SUSTAINABLE. TAKING NOTE OF THE SAME, TH E CIT (A) HAS ALLOWED THE ASSESSEES APPEAL HOLDING THAT THE ASSES SMENT ORDER U/S 143(3) R.W.S 263 DOES NOT SURVIVE. AGAINST THIS ORDER OF THE CIT (A), THE REVENUE IS IN APPEAL BEFORE US RAISING A GROUND THAT THE CIT (A) HAS ERRED IN QUASHING THE ORDER OF THE AO MADE U/S 143(3) R.W.S. 263 OF THE I.T. ACT WHEN FURTHER APPE AL IS PENDING BEFORE THE HON'BLE HIGH COURT ON THE SAME ISSUE. 3. THE LEARNED DR RELIED UPON THE GROUNDS RAISED BY THE REVENUE IN EACH OF THE APPEALS WHILE THE LEARNED CO UNSEL FOR ALL THE ASSESSEES HAS FURNISHED BEFORE US COPIES OF THE ORDER OF THE TRIBUNAL QUASHING THE 263 ORDER IN THE CASE OF ALL THE ASSESSEES. ITA NOS 709 TO 712 OF 2016MAHITA PRASAD CADELL SECUN DERABAD PAGE 3 OF 3 4. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE M ATERIAL ON RECORD, WE FIND THAT THE ORDER U/S 263 HAS ALREA DY BEEN QUASHED BY THE ITAT AND THEREFORE, THE CONSEQUENTIA L ASSESSMENT U/S 143(3) R.W.S. 263 OF THE I.T. ACT HAS NO LEGS T O STAND AND THEREFORE, THE CIT (A) RIGHTLY SET ASIDE THE ASSESS MENT. MERELY BECAUSE THE REVENUE IS IN FURTHER APPEAL BEFORE THE HON'BLE HIGH COURT AGAINST THE ORDER OF THE TRIBUNAL SETTING ASI DE THE REVISION ORDER U/S 263, THE ORDER OF THE TRIBUNAL DOES NOT L OSE ITS PRECEDENTIAL VALUE UNLESS IT IS SET ASIDE BY THE HO N'BLE HIGH COURT. IN VIEW OF THE SAME, THE REVENUES APPEALS I N THE CASE OF THE ASSESSEES BEFORE US ARE DISMISSED. 5. IN THE RESULT, APPEALS PREFERRED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST SEPTEMBER, 2016. SD/- SD/- (B. RAMAKOTAIAH) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 21 ST SEPTEMBER, 2016. VINODAN/SPS COPY TO: 1 DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3( 1), 3 RD FLOOR, POSSNET BHAVAN, TILAK ROAD, HYDERABAD 2 3 4 5 DR. P.S. PRASAD, 2 ND FLOOR, 6/10 SHANTI NIKETAN, NEW DELHI SRI SYED RAFIUDDIN, H.NO.1-68 LINGOJIGUDA, SAROORNA GAR, HYDERABAD MR.SURENDRANATH, PLOT NO.8, HILL HIT SOCIETY, F.NO.B 704, SECTOR 22 DWARKA, NEW DELHI SMT. MAHITA PRASAD CADELL, 506, AC SHARMA COMPLEX, SECUNDERABAD 6 CIT (A)-12 HYDERABAD 7 PR. CIT (CENTRAL) HYDERABAD 8 THE DR, ITAT HYDERABAD 9 GUARD FILE BY ORDER