KMC Infratech Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-2(1), Hyderabad

ITA 930/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0917 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 31-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revised return
• Section: 143(2)

Judgement Text

ITA NO.930 OF 2019 KMC INFRATECH LTD HYDERABAD PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.930/HYD/2019 ASSESSMENT YEAR: 2015-16 KMC INFRATECH LTD HYDERABAD PAN:AADCK3753A VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 2(1) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SMT. S. SANDHYA REVENUE BY : SRI SUNIL KUMAR PANDEY,DR DATE OF HEARING: 09/12/2020 DATE OF PRONOUNCEMENT: 10/12/2020 ORDER PER A. MOHAN ALANKAMONY, A.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2015-16 AGAIN ST THE ORDER OF THE LD.CIT (A)-12, HYDERABAD IN APPEAL NO.10543/2018-19, DATED 6.3.2019. 2. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E COMPANY IS ENGAGED IN THE BUSINESS OF TECHNICAL MAN AGEMENT SERVICES AND FILED ITS RETURN OF INCOME FOR THE A.Y 2015-16 ON 31.10.2015 ADMITTING TOTAL LOSS OF RS.2,23,37,679/- . THEREAFTER, THE ASSESSEE FILED A REVISED RETURN OF INCOME ON 7. 1.2016 ADMITTING TOTAL INCOME OF RS.3,27,23,350/- AND FURT HER FILED A REVISED RETURN OF INCOME ON 17.6.2016 ADMITTING TOT AL INCOME OF RS.NIL. THE CASE WAS SELECTED FOR LIMITED SCRUTINY UNDER CASS ITA NO.930 OF 2019 KMC INFRATECH LTD HYDERABAD PAGE 2 OF 4 AND NOTICE U/S 143(2) DATED 5.4.2016 WAS ISSUED AND SERVED ON THE ASSESSEE. 3. IN RESPONSE TO THE NOTICE U/S 143(2), ASSESSEE PRODUCED THE BOOKS OF ACCOUNT AND FURNISHED THE INF ORMATION CALLED FOR AND AFTER VERIFICATION OF THE INFORMATIO N, ASSESSMENT PROCEEDINGS WERE COMPLETED AND TOTAL TAX PAYABLE WA S AT RS.78,54,960/-. 4. AGGRIEVED BY THE ORDER OF THE LEARNED AO, THE AS SESSEE PREFERRED APPEAL BEFORE THE LEARNED CIT (A) WHO DIS MISSED THE APPEAL OF THE ASSESSEE BY PASSING AN EX-PARTE ORDER . AGGRIEVED, THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL BY RA ISING THE FOLLOWING GROUNDS OF APPEAL: 1. THE ORDER OF THE LEARNED CIT (A) IS ERRONEOUS B OTH ON FACTS AND IN LAW. 2. THE LEARNED CIT (A) ERRED IN DECIDING THE APPEA L EX-PARTE WITH PROVIDING PROPER OPPORTUNITY. 3. THE LEARNED CIT (A) OUGHT TO HAVE HELD THAT THE DISALLOWANCE OF RS.2,09,11,818 IS NOT JUSTIFIED AND OUT TO HAVE DELETED THE ADDITION MADE . 5. THE LD. AR SUBMITTED BEFORE US THAT BOTH THE REV ENUE AUTHORITIES HAVE NOT GIVEN PROPER OPPORTUNITY TO TH E ASSESSEE OF BEING HEARD. THEREFORE, IT WAS PRAYED THAT THE APPE AL MAY BE REMITTED BACK TO THE LD. AO FOR DENOVA CONSIDERATIO N. ON THE OTHER HAND, THE LD. AR VEHEMENTLY ARGUED THAT THE R EVENUE AUTHORITIES HAVE PROVIDED PROPER OPPORTUNITIES TO T HE ASSESSEE, HOWEVER, NEITHER THE ASSESSEE NOR ITS COUNSEL COOPE RATED BEFORE THE LD. REVENUE AUTHORITIES. IT WAS THEREFORE, PLEA DED THAT THE ORDERS OF THE LD .REVENUE AUTHORITIES MAY BE CONFIR MED. ITA NO.930 OF 2019 KMC INFRATECH LTD HYDERABAD PAGE 3 OF 4 6. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE M ATERIAL PLACED ON RECORD, WE FIND THAT THOUGH SEVERAL OPPOR TUNITIES WERE PROVIDED TO THE ASSESSEE TO SUBMIT THE DETAILS BEFO RE THE LD.AO AND THE LD.CIT (A) THE ASSESSEE FAILED TO DO SO. TH EREFORE, WE DO NOT FIND MUCH STRENGTH IN THE SUBMISSIONS OF THE LD .AR. HOWEVER, CONSIDERING THE PRAYER OF THE LEARNED AR AND IN THE INTEREST OF JUSTICE, WE HEREBY REMIT THE MATTER BACK TO THE FIL E OF THE LEARNED AO FOR FRESH CONSIDERATION AND IN ORDER TO PASS APP ROPRIATE ORDER IN ACCORDANCE WITH MERIT AND LAW AFTER AFFORDING PR OPER OPPORTUNITY TO THE ASSESSEE OF BEING HEARD AND AFTE R ADMITTING AND EXAMINING FRESH EVIDENCE FILED BY THE ASSESSEE IF ANY. WE ALSO HEREBY DIRECT THE ASSESSEE TO PROMPTLY COOPERATE BE FORE THE REVENUE AUTHORITIES IN THEIR PROCEEDINGS FAILING WH ICH THEY SHALL BE AT LIBERTY TO COMPLETE THE PROCEEDINGS IN ACCORD ANCE WITH LAW AND ON MERITS. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED FOR STATISTICAL PURPOSES AS MENTIONED HEREIN ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH DECEMBER, 2020. SD/- SD/- (P.MADHAVI DEVI) JUDICIAL MEMBER (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER HYDERABAD, DATED 10 TH DECEMBER, 2020. VINODAN/SPS ITA NO.930 OF 2019 KMC INFRATECH LTD HYDERABAD PAGE 4 OF 4 COPY TO: 1 KMC INFRATECH LTD, DOOR NO.1-8/40/SP/58-65, SHILP A HOMES LAYOUT, GACHIBOWLI, HYDERABAD 2 DY. CIT, CIRCLE 2(1) HYDERABAD 3 CIT (A)-12 HYDERABAD 4 PR. CIT 2 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER