Appeal details
Counselvise Citation
[2011] 140 COUNSELVISE.COM (IT) 53798 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
6 month(s) 20 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
29-11-2011
Appeal Filed By
Department
Order Result
Allowed
Bench Allotted
B
Next Hearing Date
16-08-2011
Assessment Year
2007-2008
Appeal Filed On
09-05-2011
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER I .T.A. NO. 691/HYD/2011 (ASSESSMENT YEAR : 2007-08) M/S. COASTLINE FARMS PVT. LTD. HYDERABAD PAN: AACCC1340E VS. ACIT (OSD) CENTRAL RANGE-1 HYDERABAD APPELLANT RESPONDENT I .T.A. NO. 859/HYD/2011 (ASSESSMENT YEAR : 2007-08) DCIT, CENTRAL CIRCLE-9 HYDERABAD VS. M/S. COASTLINE FARMS PVT. LTD. HYDERABAD PAN: AACCC1340E APPELLANT RESPONDENT I .T.A. NO. 707/HYD/2011 (ASSESSMENT YEAR : 2007-08) DCIT CENTRAL CIRCLE-8 HYDERABAD VS. M/S. NALLAMALA AGRO FARMS PVT. LTD., HYDERABAD PAN: AABCN2520Q APPELLANT RESPONDENT ASSESSEE BY: SHRI K.C. DEVDAS REVENUE BY: SHRI B.V. PRASAD REDDY DATE OF HEARING: 29.11.2011 DATE OF PRONOUNCEMENT: 29.11.2011 O R D E R PER BENCH THE ABOVE APPEALS BY DIFFERENT ASSESSEES ARE DIRECT ED AGAINST THE DIFFERENT ORDERS OF THE CIT(A)-VII, HYDERABAD DATED 25.02.2011 AND 28.02.2011, RESPECTIVELY, FOR THE ASSESSMENT YEAR 2007-08. SIN CE COMMON ISSUES ARE INVOLVED, THE ABOVE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT NO PROPER OPPORTUNITY OF HEARING WAS GIVEN TO THE ASSESSEE BY THE ASSESSI NG OFFICER AS ITS RECORDS WERE I.T.A. NOS. 691, 859 & 707/HYD/2 011 M/S. COASTLINE FARMS PVT. LTD. & ANR. ============================ 2 IMPOUNDED BY THE CBI AND WERE RELEASED ONLY AFTER T HE ASSESSMENT PROCEEDINGS IN THESE CASES WERE COMPLETED. IN THESE FACTS, HE ARGUED THAT IN THE INTEREST OF JUSTICE, THE ORDERS OF THE AUTHORITIES BELOW SHOULD BE SET ASIDE AND THESE MATTERS SHOULD BE RESTORED TO THE FILE OF THE ASSESSING OFF ICER FOR DE NOVO ASSESSMENT. THE LEARNED DR HAS RELIED ON THE ORDERS OF THE ASSE SSING OFFICER AND THE CIT(A). 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VI EW OF THE FACT THAT THE RECORDS OF THE ASSESSEES WERE IMPOUNDED BY THE CBI AND WERE RELEASED ONLY AFTER THE COMPLETION OF THE ASSESSMEN T PROCEEDINGS IN THESE CASES, WE ARE OF THE VIEW THAT IT SHALL BE IN THE I NTEREST OF JUSTICE TO SET ASIDE THE ORDERS OF THE REVENUE AUTHORITIES AND RES TORE THESE MATTERS TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO FRAME THE ASSESSMENT DE NOVO AFTER ALLOWING REASONABLE OPPORTUNITY OF HEARING T O THE ASSESSEES. WE DIRECT ACCORDINGLY. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEES AN D THE APPEAL OF THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH NOVEMBER, 2011. SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER SD/ - (H.S. SIDHU) JUDICIAL MEMBER HYDERABAD, DATED THE 29 TH NOVEMBER, 2011 COPY FORWARDED TO: 1. M/S. COASTLINE FARMS PVT. LTD., PLOT NO. 80, ROA D NO. 9, JUBILEE HILLS, HYDERABAD-500 033. 2. M/S. NALLAMALA AGRO FARMS PVT. LTD., FLAT NO. 10 2, DHANUNJAYA NEST, RAJIV NAGAR, YOUSUFGUDA, HYDERABAD. 3. THE ACIT (OSD), CENTRAL RANGE-1, HYDERABAD. 4. THE DCIT, CENTRAL CIRCLE-9, HYDERABAD. 5. THE DCIT, CENTRAL CIRCLE-8, HYDERABAD. 6. THE CIT(A)-VII, HYDERABAD. 7. THE CIT (CENTRAL), HYDERABAD. 8. THE DR B BENCH, ITAT, HYDERABAD TPRAO
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