Nath Developers, Hyderabad, Hyderabad V. ITO, Ward-4(2), Hyderabad, Hyderabad

MA 89/Hyd/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3166 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2009-2010
• Appeal Filed On: 18-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S ARVINDAKSHAN

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 MA NO.89/HYD/2018 (ARISING OUT OF ITA NO. 1481/H/2016 ) ASSESSMENT YEAR: 2009 - 10 M/S. NATH DEVELOPERS, HYDERABAD. PAN: AADFN 6645 H VS. INCOME TAX OFFICER, WARD - 4(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI K.C. DEVDAS REVENUE BY: SRI R.S. ARVINDAKSHAN, DR DATE OF HEARING: 02/11/201 8 DATE OF PRONOUNCEMENT: 13 /02/2019 ORDER PER SMT. P. MADHAVI DEVI, J.M.: THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE U/S 254(2) OF THE IT ACT, 1961 SEEKING RECTIFICATION OF ALLEGED MISTAKE APPARENT FROM RECORD. 2. IN THE APPLICATION IT IS STATED THAT THE ASSESSEE HAS RAISED AN ADDITIONAL GROUND OF APPEAL AGAINST THE ENHANCEMENT OF INCOME BY RS. 46,01,574/ - BY THE CIT(A) WITHOUT ISSUING ANY SHOW - CAUSE NOTICE TO THE APPELLANT AND , THEREFORE THAT THE SAID ADDITION WAS ERRONEOUS AND WITHOUT JUR ISDICTION. IT IS STATED THAT THE ENTIRE ADDITION OF RS. 2 46,01,574/ - REPRESENTED THE SALE VALUE COMPUTED HYPOTHETICALLY ON THE BASIS OF RATE SUO MOTTO ADOPTED BY THE ASSESSING OFFICER AND NON - ADJUDICATION OF THIS GROUND MAY RESULT IN THE ASSESSING OFFICER PASSING THE ORDER CONSEQUENT TO THE ITATS ORDER BY MAKING THE ADDITION OF RS. 46,01,574/ - . LEARNED COUNSEL FOR THE ASSESSEE RELIED UPON THE ABOVE SUBMISSION S AND SUBMITTED THAT THOUGH THE ISSUE ON MERITS IS DECIDED IN FAVOUR OF THE ASSESSEE, THE ASSESSIN G OFFICER MAY MAKE THE ADDITION ONLY ON THE GROUND THAT THE SAID GROUND IS NOT ADJUDICATED BY THE TRIBUNAL IN ASSESSEES FAVOUR. 3. LEARNED DEPARTMENTAL REPRESENTATIVE WAS ALSO HEARD. 4. ON GOING THROUGH THE MATERIAL ON RECORD, WE FIND THAT SINCE THE APPEA L HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE ON MERITS, THE ADDITIONAL GROUND OF APPEAL NEEDS NO ADJUDICATION AND THE A.O CANNOT MAKE THE ADDITION SIMPLY BECAUSE THE SAID GROUND WAS NOT ADJUDICATED BY THE TRIBUNAL. THEREFORE, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISPOSED OF BY ADDING THESE LINES AT THE END OF PARA GRAH 10 OF THE TRIBUNALS ORDER. SINCE, THE APPEAL ON MERITS IS DECIDED IN FAVOUR OF THE ASSESSEE, THE ADDITIONAL GROUND RAISED BY THE ASSESSEE NEEDS NO ADJUDICATION AT THIS S TAGE. 3 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 13 TH FEBRUARY, 2019. SD/ - SD/ - (S. RIFAUR RAHMAN) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 13 TH FEBRUARY , 2019 OKK COPY TO: - 1) NATH DEVELOPERS, 3 - 4 - 250, FLAT NO.101, MATHURA APARTMENTS, KACHIGUDA, HYDEABAD 500 027. 2) ITO, WARD 4(2), HYDERABAD. 3) THE CIT(A) - 1 , HYDERABAD 4) THE PR. CIT - 1, HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE