Vasamsetty Veera Venkata Satyanarayana, Hyderabad V. Income Tax Officer, Ward-4(1), Hyderabad

MA 47/Hyd/2023

AI Insights

The case involves a Miscellaneous Application filed by the assessee, Mr. Vasamsetty Veera Venkata Satyanarayana, against the Income Tax Officer, Ward \\u2013 4(1), Hyderabad, concerning an order passed by the Income Tax Appellate Tribunal, Hyderabad. The application sought to rectify an alleged oversight in the Tribunal's previous order, which did not address a specific ground raised by the assessee regarding the incriminating nature of a registered sale deed and the legality of proceedings under section 153C of the Income Tax Act. The Tribunal acknowledged the oversight and decided to recall the order for a limited purpose of addressing the unconsidered legal ground.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133206 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 07-09-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 21-05-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 254(2); 153C

Judgement Text

आयकर अपीलीय अधिकरण, हैदराबाद पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B” , HYDERABAD BEFORE SHRI R.K. PANDA, VICE PRESIDENT AND SHRI LALIET KUMAR, JUDICIAL MEMBER M.A. No.47/Hyd/2023 in ITA 707/Hyd/2022 Assessment Year: 2017-18 Mr. Vasamsetty Veera Venkata Satyanarayana, Hyderabad. PAN : AEKPV4914Q Vs. Income Tax Officer, Ward – 4(1), Hyderabad. (Applicant / Appellant) (Respondent / Respondent) Assessee by: Sri Shrenik Chordia, CA Revenue by: Sri Shakeer Ahamed, Sr. A.R. Date of hearing: 08.09.2023 Date of pronouncement: 14.09.2023 आदेश / O R D E R PER LALIET KUMAR, J.M : The present Miscellaneous Application has been filed with a request to rectify a mistake that has crept into the order passed by the co-ordinate Bench of the Tribunal dt.23.03.2023 in ITA No.707/Hyd/2022 for A.Y. 2017-18, as per section u/s 254(2) of the Act and to recall the same. 2. The learned counsel for the assessee has filed the present Miscellaneous Application, alleging that ground No.1 raised by the assessee in ITA 707/Hyd/2022 for A.Y. 2017-18 has not been adjudicated by the Tribunal. Page 2 of 4 3. Per contra, the ld. DR submitted that the issue has been considered by the Tribunal, and after considering the submissions, the Tribunal has adjudicated both the appeals on facts as well as on merits. 4. We have heard the rival contentions and perused the material available on record. The assessee in the present Miscellaneous Application has made two fold submissions; firstly, that no additions were made on the basis of incriminating documents, and the registered sale deed cannot be treated as incriminating document. Secondly, assessee has submitted that section 153C proceedings were initiated against him in the year in which search was conducted and therefore, the same is bad in law. 5. The first issue, weather the sale deed is incriminating document or not, has already been adjudicated by the Tribunal in its order for A.Y.2016-17, and we have no doubt that registered sale deed is an incriminating document. We would like to mention here that the registered sale deed is an agreement registered with respect to sale transactions between two individuals, and the contents thereof are not known to the public at large. Once the contents of the registered sale deed are proved to be incriminating in nature, then the addition should be made based on that, and therefore, this ground of the assessee has no legs to stand. Page 3 of 4 6. The second issue, the issuance of notice under section 153C is bad in law for the assessment year under consideration as it is subsequent to six years for which the proceedings can be initiated under section 153C of the Act. Ld. AR had submitted that during the course of argument of appeal proceedings before the Tribunal, an elaborate argument was made by him in support of the above issue. However, no finding was recorded by the Tribunal with respect to the validity of legal ground as per section 153C of the Act. 7. The ld. DR had submitted that the case may be decided in accordance with law. 8. We have heard the rival submissions and perused the material on record, including our logbook. Our logbook shows that the ld.AR for the assessee has made oral submissions with respect to validity of section 153C notice. However, inadvertently, the above said legal ground has not been addressed by the Tribunal in its order and had passed the order on merit as the facts of case are identical and covered by our decision passed for A.Y. 2016-17. 9. Therefore, there is an apparent error in the order of the Tribunal for not deciding the legal ground raised by the assessee. As the Bench has not decided the legal ground, therefore, we deem it appropriate to recall our order for the assessment year 2017-18 for the limited purposes of deciding the legal ground mentioned hereinabove. Page 4 of 4 10. Accordingly, the M.A. filed by the assessee is allowed and the Appeal along with Stay Application are fixed for hearing on 25.10.2023. Registry is directed to inform the parties. 11. In the result, the M.A. filed by the assessee is allowed in the above terms. Pronounced in the open Court on this the 14 th day of September, 2023. Sd/- Sd/- (RAMA KANTA PANDA) ACCOUNTANT MEMBER (LALIET KUMAR) JUDICIAL MEMBER Hyderabad, dated 14 th September, 2023 TYNM / SPS Copy to: S.No Addresses 1 Vasamsetty Veera Venkata Satyanarayana, 1-10-249/24/36, Plot No.36, Ashok Nagar, Gandhi Nagar, Hyderabad. 2 The Income Tax Officer, Ward – 4(1), Hyderabad. 3 PCIT-1, Hyderabad. 4 DR, ITAT Hyderabad Benches 5 Guard File By Order