Upkar Infra Projects Pvt.Ltd., Hyd, Hyderabad V. Dy. Commissioner of Income Tax , Circle-3(3), Hyd, Hyderabad

MA 72/Hyd/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7069 (ITAT-HYDERABAD)
• Duration Of Justice: 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 07-08-2018
• Assessment Year: 2006-2007
• Appeal Filed On: 18-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: S RAMA RAO
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER M.A. NO. 72/HYD/2018 (ARISING OUT OF ITA NO.1349/HYD/2015) ASSESSMENT YEAR: 2006-07 M/S. UPKAR INFRA PROJECTS PVT. LTD., HYDERABAD [PAN: AABCK4691F] VS DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(3), HYDERABAD (APPLICANT) (RESPONDENT) M.A. NO. ASST. YEAR APPLICANT RESPONDENT 07/HYD/16 (IN ITA NO. 958/HYD/07) 2004-05 UPKAR INFRA PROJECTS PVT. LTD., HYDERABAD [PAN: AABCK4691F] DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYDERABAD 08/HYD/16 (IN ITA NO. 270/HYD/09) 2006-07 09/HYD/16 (IN ITA NO. 560/HYD/06) 2003-04 FOR ASSESSEE : SHRI S. RAMA RAO, AR FOR REVENUE : SHRI NILANJAN DEY, DR DATE OF HEARING : 07-08-2018 DATE OF PRONOUNCEMENT : 07-08-2018 O R D E R PER B. RAMAKOTAIAH, A.M. : THIS MISCELLANEOUS APPLICATION IS PREFERRED BY ASS ESSEE SEEKING CLARIFICATION IN THE ORDER PASSED ON 28-03-2 018. IN THE ABOVE REFERRED ORDER, THE ITAT MODIFIED THE ORDER OF THE TRIBUNAL DT. 31-01-2011 BY ADDITION OF THE FOLLOWING SENTENCE TO PARA 7: 2 M.A. NO. 72/HYD/2018 .THE CONSEQUENTIAL ASSESSED INCOME SHALL, HOWEVER , BE RESTRICTED TO THE ASSESSED INCOME U/S. 143(3) OF TH E ACT.. 2. IT IS THE REQUEST OF ASSESSEE THAT THERE IS APPREHENSI ON ON THE PART OF ASSESSEE THAT AO MAY ADOPT THE INCOME ASSESS ED U/S. 143(3), WHICH WAS SUBJECT MATTER OF APPEAL BEFORE THE CIT(A) WHO HAS GIVEN RELIEF. IT IS REQUESTED THAT THE ABOVE DIREC TION MAY BE MODIFIED, SO THAT THERE WILL BE CLARITY TO AO WHILE GI VING EFFECT TO THE ORDER OF THE ITAT. 3. EVEN THOUGH THE APPELLATE PROCEEDINGS ARE CONSEQU ENTIAL TO THE ASSESSMENT PROCEEDINGS AND THE INCOMES ASSESSED U/ S. 143(3) WILL ALWAYS GET MODIFIED BY THE CONSEQUENTIAL ORDERS O F THE CIT(A)/ITAT/HONBLE HIGH COURT/HONBLE SUPREME COURT , AS ASSESSEE EXPRESSED APPREHENSION THAT AO MAY ADOPT THE ORIGINALLY ASSESSED INCOME WITHOUT CONSIDERING THE RED UCTION OF INCOME IN CONSEQUENTIAL ORDER, WE HEREBY MODIFY THE ABOVE SENTENCE AS UNDER: .THE CONSEQUENTIAL ASSESSED INCOME SHALL, HOWEVER , BE RESTRICTED TO THE ASSESSED INCOME U/S. 143(3) OF TH E INCOME TAX ACT AS MODIFIED BY THE ORDER OF THE CIT(A) I.E., THE CO NSEQUENTIAL ORDER GIVING EFFECT TO THE ORDER OF CIT(A). 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS CON SIDERED ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH AUGUST, 2018 SD/- SD/- (P. MADHAVI DEVI) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMB ER HYDERABAD, DATED 7 TH AUGUST, 2018 TNMM 3 M.A. NO. 72/HYD/2018 COPY TO : 1. M/S. UPKAR INFRA PROJECTS PVT. LTD., C/O. S. RAM A RAO, ADVOCATE, FLAT NO. 102, SHRIYAS ELEGANCE, 3-6-643, STREET NO. 9, HIMAYAT NAGAR, HYDERABAD. 2. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(3), HYD ERABAD. 3. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYD ERABAD. 4. CIT(A)-5, HYDERABAD. 5. PR.CIT-5, HYDERABAD. 6. D.R. ITAT, HYDERABAD. 7. GUARD FILE.