Megha Engineering & Infrasturcture Ltd, Hyderabad V. Dy. Commissioner of Income Tax , Central Circle-2, Hyderabad

MA 70/Hyd/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8715 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: misc
• Appeal Filed On: 04-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Section: 143(3); 153A; 139

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B ', HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN , ACCOUNTANT MEMBER S.NO. M A NO. AY APP LICANT RESPONDENT 1 TO 4 67,68, 69 & 70/H/19 (IN ITA NOS. 607, 608, 609 & 610/H/2016 ) 2010 - 11 TO 2013 - 14 MEGHA ENGG. & INFRASTRUCTURE LTD., HYDERABAD DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 2, HYD. 5 71/H/19 (IN ITA NO. 1375/H/16 ) 2014 - 15 - DO - - DO - 6 72/H/19 (IN ITA NO. 1540/H/17 ) 2015 - 16 - DO - - DO - ASSESSEE BY: SHRI K.C. DEVDAS REVENUE BY: SHRI YVST SAI DATE OF HEARING: 05 / 07 / 201 9 DATE OF PRONOUNCEMENT: 12 / 0 7 /201 9 O R D E R PER S. RIFAUR RAHMAN , AM: TH ESE MISCELLANEOUS APPLICATION S ARE FILED BY THE ASSESSEE U/S 254(2) OF THE INCOME TAX ACT SEEKING RECTIFICATION/MODIFICATION OF THE ORDER OF THE TRIBUNAL DATED 15 / 02 /201 9 IN ITA NO S . 607/HYD/2016 AND OTHERS. 2. IN THE M.A., THE ASSESSEE STATED THAT AT PARA GRAPH 8 OF THE ORDER AT THE THIRD LINE, THERE IS A REFERENCE TO AY 2009 - 10. IN THIS CONTEXT, THE ASSESSEE STATED THAT THE REFERENCE TO THE AY SHOULD BE 2010 - 11 AND NOT ASSESSMENT YEAR 2009 - 10, AS THERE IS NO APPEAL FOR AY 2009 - 10. THIS NEEDS RECTIFICATION. MA NOS. 67 TO 72 /HYD/1 9 MEGHA ENGG. & INFRASTRUCTURE LTD. 2 2.1 FURTHER, THE ASSESSEE STATED IN THE MA, PARAGRAPH 10 SHOULD BE RECTIFIED AS ALL THE ASSESSMENT YEARS DO NOT ABATE AND ONLY PENDING PROCEEDINGS ABATE AND STATED AS UNDER: (I) ASST. YEAR 2010 - 11: THE ORIGINAL ASSESSMENT WAS COMPLETED U/S 143(3) ON 22 /02/2012. CONSEQUENT TO SEARCH OPERATION, THE ASSESSMENT WAS MADE U/S 153A RWS 143(3). THE CLAIM FOR DEDUCTION U/S 80 - IA(4) WAS MADE FOR THE FIRST TIME IN THE RETURN OF INCOME FILED U/S 153A ON 10/12/2013. THUS, THE ASSESSMENT YEAR 2010 - 11 DOES NOT ABATE AS IT WAS NOT PENDING ON DATE OF SEARCH. (II) ASST. YEAR 2011 - 12: THE ASSESS MENT FOR 2011 - 12 WAS PENDING CONSEQUENT TO A RE TURN OF INCOME HAVING BEEN FILED U/ S 139 ON 29/09/2011 AND THE TIME FOR ISSUE OF NOTICE U/S 143(2) BEING 30/09/2012 AND NOT HAVING EXPIRED AS ON THE DATE OF SEARCH , THE PROCEEDINGS FOR AY 2011 - 12 A BATES. (III) ASST. YEAR 2012 - 13: FOR THE ASSESSMENT YEAR 2012 - 13 THE DUE DATE FOR FILING THE RETURN OF INCOME WAS 30/11/2012 U/S 139. HOWEVER, SEARCH TOOK PLACE ON 24/04/2012. THEREFORE, THE PROCEEDINGS FALL U/S 153A. THE QUESTION OF ABATEMENT DOES NOT ARISE AS NO ASSESSMENT WAS PENDING AS ON THE DATE OF SEARCH I.E., 24/04/2012. (IV) ASST. YEAR 2013 - 14: FOR THE ASSESSMENT YEAR 2013 - 14, THE DUE DATE FOR FILING RETURN OF INCOME WAS 30/11/2013 AND RETURN OF INCOME WAS FILED ON 30/11/2013 AND RECTIFIED ON 03/09/2014. THIS ASSESSMENT YEAR FALLS OUTSIDE THE SEARCH PERIOD AS SEARCH TOOK PLACE ON 24/04/2012. THE ASSESSMENT WAS MA NOS. 67 TO 72 /HYD/1 9 MEGHA ENGG. & INFRASTRUCTURE LTD. 3 COMPLETED U/S 143(3) ON 26/3/2015. THE QUESTION OF ABATEMENT DOES NOT ARISE AS THE RETURN OF INCOME WAS FILED U/ S 139 AND IS OUTSIDE THE SEARCH PROCEEDINGS. (V) ASST. YEAR 2014 - 15: SEARCH TOOK PLACE 24/04/2012. THIS ASSESSMENT YEAR IS OUT SIDE THE SCOPE OF SEARCH PROCEEDINGS AND THEREFORE, THE QUESTION OF ABATEMENT DOES NOT ARISE. (VI) ASSESSMENT YEAR 2015 - 16: SEARCH TOOK PLACE ON 24/04/2012. THIS ASSESSMENT YEAR IS OUTSIDE THE SCOPE OF SEARCH PROCEEDINGS AND THEREFORE, THE QUESTION OF ABATEMENT DOES NOT ARISE. 3. REFERRING TO THE ABOVE SUBMISSIONS, THE LD. AR OF THE ASSESSEE SUBMITTED THAT IN VIEW OF THE ABOVE SUBMISSIONS, THE RECTIFICATION MAY BE MADE ACCORDINGLY, IN THE ORDER PASSED. 3. CONSIDERED THE RIVAL SUBMISSIONS AND PERUSE D THE MATERIAL ON RECORD. 3.1 IN VIEW OF THE ABOVE SUBMISSIONS OF THE ASSESSEE, THE ORDER IS RECTIFIED AS UNDER: AT PARA 8 OF THE ORDER AT THE THIRD, THE AY SHOULD BE READ AS 2010 - 11 INSTEAD OF AY 2009 - 10. 3. 2 PARA 10 OF THE ORDER IS REPLACED AS UNDER : WE NOTICE THAT AY 2011 - 12 WAS PENDING ASSESSMENT U/S 143(3) AND, THER EFORE, IT IS ABATED. WITH REGARD TO AY 2010 - 11, IT WAS REOPENED U/S 153A AND THIS ISSUE WAS RAISED FOR THE FIRST TIME BEFORE THE AO. WITH REGARD TO AY 2012 - 13, 2013 - 14, 2014 - 15 AND 2015 - 16, RETURNS OF MA NOS. 67 TO 72 /HYD/1 9 MEGHA ENGG. & INFRASTRUCTURE LTD. 4 INCOME FOR THESE AYS WERE FILED SUBSEQUENT TO SEARCH C ONDUCTED ON 22/02/2012. SINCE FACTS IN THESE AYS ARE SIMILAR TO AY 2010 - 11, FOLLOWING THE DECISION IN AY 2010 - 11 (SUPRA), WE DISMISS ALL THE APPEALS FILED BY THE REVENUE FOR THE AYS UNDER CONSIDERATION. 4. OTHER PART OF THE ORDER REMAINS AS IT IS. 5 . IN THE RESULT, THE MAS FILED BY THE ASSESSEE ARE ALLOWED. PRONOUNCED IN THE OPEN COURT ON 12 TH JULY , 201 9 . SD/ - ( P. MADHAVI DEVI ) JUDICIAL MEMBER SD/ - ( S. RIFAUR RAHMAN ) ACCOUNTANT MEMBER HYDERABAD, DATED 12 TH JULY , 201 9 . KV COPY FORWARDED TO: 1. M/S MEGHA ENGG. & INFRASTRUCTURE LTD., S - 2, TIE, BALANAGAR, HYDERABAD. 2 . DCIT, CENTRAL CIRCLE 2(1), 3 RD FLOOR, POSNETT BHAVAN, TILAK ROAD, RAMKOTE, HYD. 3 . CIT (A) - 1 2 , HYDERABAD 4. PR. CIT (CENTRAL) , HYDERABAD 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE