M/s. Ranka N Ranka Infrastructure Private Limited, Bengaluru V. Assistant Commissioner of Income Tax, Circle 5(1)(1), Bengaluru

MA 130/BANG/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 5029 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-11-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 27-05-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: LAKSHMI K
• Assessee Lawyers: B SUDHEENDRA
• Keywords: Assessment record
• Section: 143(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B BENCH: BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER M.P. NO.130/BANG/2019 (IN ITA NO. 2234 /BANG/2018 ) (ASSESSMENT YEAR: 20 09 - 10 ) M/S. RANKA N RANKA INFRASTRUCTURE PVT. LTD., NO.31, CUNNINGHAM ROAD, BANGALOE - 560 052 PAN: AADCR 9181M VS. ASST. COMMISSIONER OF INCOME TAX , CIRCLE 5(1)(1), BANGALORE. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI B. SUDHEENDRA, ADVOCATE. REVENUE BY: S MT. LAKSHMI K, JCIT (D.R) DATE OF HEARING : 15.11 .2019 DATE OF PRONOUNCEMENT : 22 .11 .2019 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE ASSESSEE HAS FILED A MISC. PETITION NO.130/BANG/2019 IN ITA NO.2234/BANG/2018 DT.13.09.2019. 2. THE LD AR FILED THE PETITION FOR DIRECTIONS OF THE TRIBUNAL IN GROUND NOS. 6 TO 10 WHICH ARE READ AS FOLLOWS : 2 M.P. NO. 130/BANG/2019 3. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE HON'BLE TRIBUNAL IN M.P. NO.60/BANG/2019 I N ITA NO.2222/BANG/2019 3 M.P. NO. 130/BANG/2019 DT.13.09.2019 HAS DEALT ON SIMILAR ISSUES AND FILED THE COPY OF ORDER. CONTRA, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUPPORTED THE ORDERS OF THE TRIBUNAL. 4. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECOR D. PRIMA FACIE, THE TRIBUNAL HAS PASSED THE COMMON ORDER IN ASSESSEE'S OWN CASE IN ITA NO.2222/BANG/2019 FO R THE ASSESSMENT YEAR 2013 - 14 AND ITA NO.2234/BANG/2018 FOR THE ASSESSME NT YEAR 2009 - 10 DT.15.03.2019, WHEREAS THE ASSESSEE HAS FILED A MISC. PETIT ION FOR DIRECTIONS IN M. P . NO.60/BANG/2019 FOR THE ASSESSMENT YEAR 2013 - 14 DT.13.09.2019 AND THE TRIBUNAL HAS MADE OBSERVATIONS AT PAGE 3 PARAS 5 & 6 WHICH READ AS UNDER : 5. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. WE FOUND THE TRIBUNAL HAS HELD AT PARA 7 TO RESTORE THE MATTER TO THE FILE OF ASSESSING OFFICER TO VERIFY THE RECORD AND GIVE FINDINGS. WE FURTHER MODIFY AND ADD THAT WHEN THE A SSESSING OFFICER FOUND THAT THERE IS NO NOTICE WAS ISSUED UNDER SECTION 143(2) OF THE ACT, THE REASSESSMENT SHALL BE ANNULLED. FURTHER IF NOTICE UNDER SECTION 143(2) OF THE ACT IS ISSUED BY THE ASSESSING OFFICER AS PER THE RECORD, THE ASSESSING OFFICER S HOULD CONSIDER THE PROVISIONS AND DISPOSE OFF THE OBJECTIONS FILED BY THE ASSESSEE IN THE ASSESSMENT PROCEEDINGS. WITH THE ABOVE DIRECTIONS, WE RECTIFY THE ORDER OF THE TRIBUNAL AND ORDER ACCORDINGLY. 4 M.P. NO. 130/BANG/2019 6. IN THE RESULT, THE MISC. PETITION FILED BY THE ASSESSEE IS PARTLY ALLOWED. FURTHER THE FACTS AND GROUNDS IN THE PRESENT M ISC. PETITION ARE SIMILAR . THEREFORE WE CONSIDER THE SAID DECISION SHALL ALSO APPLY FOR THIS ASSESSMENT YEAR. HENCE CONSIDERING THE FACTS AND CIRCUMSTANCES AND THE DECISIO N IN ASSESSMENT YEAR 2013 - 14, WE GIVE SIMILAR DIRECTION WHERE THE TRIBUNAL HAS HELD AT PARA 7 IN THE ORDER TO RESTORE THE MATTER TO THE FILE OF ASSESSING OFFICER TO VERIFY THE RECORDS AND GIVE FINDING. WE FURTHER MODIFY AND ADD THAT WHEN AN ASSESSING OF FICER FOUND THAT THERE IS NO NOTICE ISSUED UNDER SECTION 143(2) OF THE ACT, THE REASSESSMENT SHALL BE ANNULLED AND IF NOTICE UNDER SECTION 143(2) IS ISSUED BY THE ASSESSING OFFICER AS PER THE ASSESSMENT RECORDS, THE ASSESSING OFFICER SHOULD CONSIDER THE PR OVISIONS AND DISPOSE OFF OBJECTIONS FILED BY THE ASSESSEE IN THE APPELLATE PROCEEDINGS AND ACCORDINGLY WITH THESE ABOVE DIRECTIONS, WE RECTIFY THE ORDER OF THE TRIBUNAL AND PARTLY ALLOW THE MISC. PETITION FILED BY THE ASSESSEE. 5. IN THE RESULT, THE MI SC. PETITION IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22ND NOV., 2019. SD/ - SD/ - (A.K. GARODIA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22 .11. 2019. *REDDY GP 5 M.P. NO. 130/BANG/2019 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE