Vensur India Builders and Developers, Hyderabad v. Dy. Commissioner of Income Tax , Central Circle-2(1), Hyderabad

ITA 1355/Hyd/2019 | 2016-2017
Pronouncement Date: 17-03-2021 | Result: Allowed

Appeal Details

RSA Number 135522514 RSA 2019
Assessee PAN AAGFV7672K
Bench Hyderabad
Appeal Number ITA 1355/Hyd/2019
Duration Of Justice 1 year(s) 6 month(s) 18 day(s)
Appellant Vensur India Builders and Developers, Hyderabad
Respondent Dy. Commissioner of Income Tax , Central Circle-2(1), Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 17-03-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-B
Tribunal Order Date 17-03-2021
Date Of Final Hearing 08-02-2021
Next Hearing Date 08-02-2021
Last Hearing Date 08-02-2021
First Hearing Date 06-01-2020
Assessment Year 2016-2017
Appeal Filed On 28-08-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU ACCOUNTANT MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 1103/HYD/19 2010-11 VENSUR INDIA BUILDERS AND DEVELOPERS HYDERABAD [PAN: AAGFV7672K] INCOME TAX OFFICER WARD-14(1) HYDERABAD 1353/HYD/19 2011 - 12 DCIT CENTRAL CIRCLE-2(1) HYDERABAD 1354/HYD/19 2013 - 14 1355/HYD/19 2016 - 17 FOR ASSESSEE : SHRI P.MURALI MOHANA RAO AR FOR REVENUE : SHRI Y.V.S.T.SAI CIT-DR DATE OF HEARING : 10-02-2021 (ITA NO.1103/H/19) & 18-02-2021 (ITA NOS.1353-1355/H/19) DATE OF PRONOUNCEMENT : 17-03-2021 O R D E R PER S.S.GODARA J.M. : THESE FOUR ASSESSEES APPEALS FOR AYS.2010-11 2011 -12 2013-14 & 2016-17 ARISE FROM THE CIT(A)-12 HYDERABA DS SEPARATE ORDERS ALL DATED 28-09-2018 PASSED IN CASE NOS.10472 10473 10477 & 10478/2017-18 INVOLVING PROCEEDINGS U/S.144 R.WS.153A IN FORMER THREE AND U /S.144 OF THE INCOME TAX ACT 1961 [IN SHORT THE ACT] IN LAST CASE; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. VENSUR INDIA BUILDERS AND DEVELOPERS (GROUP CASES) :- 2 -: 2. IT TRANSPIRES AT THE OUTSET THAT ALL THESE ASSESSEES APPEALS SUFFER FROM 208 DAYS DELAY IN AY.2010-11 A ND IDENTICAL 263 DAYS DELAY FOR THE LATTER THREE CASES; RESPECTIVELY STATED TO BE ATTRIBUTABLE TO THE REASON(S) BE YOND ITS CONTROL AS PER THE CORRESPONDING CONDONATION PETITION(S)/AFFIDAVIT(S). IT IS STATED THAT THE IMPUGNED DELAY(S) HAS ARISEN ON ACCOUNT OF COMMUNICATION GAP BETWEEN ASSESSEE ITS AUDITORS AND ARGUING COUNSELS OFFICE COMPLIED WITH MISPLACEMENT OF NECESSARY DOCUMENTS. ALL THESE FA CTS HAVE GONE UNREBUTTED FROM REVENUES SIDE. WE THUS QUO TE HON'BLE APEX COURTS DECISION COLLECTOR LAND ACQUISI TION VS. MST.KATIJI & ORS [167 ITR 471] (SC) AND UNIVERSITY OF DELHI VS. UNION OF INDIA CIVIL APPEAL NOS.9488 & 9489/2019 DT.17-12- 2019 HOLDING THAT THE CAUSE OF SUBSTANTIAL JUSTICE MUST PREVAIL OVER ALL OTHER TECHNICAL ASPECTS TO CONCLUDE THAT ASSES SEES IMPUGNED DELAY IS NEITHER INTENTIONAL NOR DELIBERATE B UT ON ACCOUNT OF CIRCUMSTANCES BEYOND ITS CONTROL. THE SAME STANDS CONDONED THEREFORE. 3. WE NOW ADVERT TO THE ASSESSEES IDENTICAL SUBSTANTIV E GROUND IN ALL THESE FOUR YEARS CHALLENGING LEGALITY OF SECTION 153A ASSESSMENTS ON VARIOUS FACETS AND ADDITION(S) O F RS.1 25 89 000/- 1 40 42 000/- 3 20 67 000/- AND RS.75 LAKHS ON SALE OF UNFURNISHED VILLAS ASSESSMENT YEAR -WISE; RESPECTIVELY. THE SAME APPEAR TO HAVE BEEN MADE IN ASSESSING OFFICERS SECTION 144 BEST JUDGMENT ASSESSMENTS QUA SALE OF SEMI-CONSTRUCTED VILLAS. 4. WE PROCEED IN THIS FACTUAL BACKDROP TO NOTICE THAT TH E ASSESSING OFFICERS ASSESSMENT ORDER(S) IN PG.5 HAS DISCUSSED VENSUR INDIA BUILDERS AND DEVELOPERS (GROUP CASES) :- 3 -: THAT THE ASSESSEE HAD IN FACT SOLD FOUR PLOTS IN AY.2010 -11 AND FIVE PLOTS IN AY.2011-12. MEANING THEREBY THAT THERE IS NOT MUCH CLARITY ON THIS CLINCHING ASPECT AS TO WHETHER THE ASSESSEE HAD INFACT SOLD VACANT PLOTS OR SEMI-CONSTRUC TED VILLAS. RELEVANT FACTUAL POSITION IS NO DIFFERENT IN O THER IMPUGNED ASSESSMENT YEARS AS WELL. WE THEREFORE DEEM IT APPROPRIATE AT THIS STAGE TO RESTORE ALL THE ASSESSEES IN STANT APPEALS BACK TO THE ASSESSING OFFICER FOR HIS AFRESH APPROPRIATE ADJUDICATION AS PER LAW. THE ASSESSEE OR ITS AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE ASSE SSING OFFICER ON OR BEFORE 31-07-2021 ALONG WITH ALL THE R ELEVANT EVIDENCE TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIE S TO REBUT THE ALLEGED INCRIMINATING MATERIAL IN THESE FOUR ASSESS MENT YEARS; AT ITS OWN RISK AND RESPONSIBILITY. IT SHALL A LSO BE AT LIBERTY TO RAISE ALL FACTUAL AS WELL AS LEGAL ARGUMEN TS IN CONSEQUENTIAL PROCEEDINGS. 5. THESE ASSESSEES APPEALS ARE TREATED AS ALLOWED FO R STATISTICAL PURPOSES IN ABOVE TERMS. A COPY OF THIS C OMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH MARCH 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEMB ER HYDERABAD DATED: 17-03-2021 TNMM VENSUR INDIA BUILDERS AND DEVELOPERS (GROUP CASES) :- 4 -: COPY TO : 1.VENSUR INDIA BUILDERS AND DEVELOPERS C/O. P.MURA LI & CO. CHARTERED ACCOUNTANTS 6-3-655/2/3 1 ST FLOOR SOMAJIGUDA HYDERABAD. 2.THE DCIT CENTRAL CIRCLE-2(1) HYDERABAD. 3.THE INCOME TAX OFFICER WARD-14(1) HYDERABAD. 4.CIT(APPEALS)-12 HYDERABAD. 5.PR.CIT(CENTRAL) HYDERABAD. 6.D.R. ITAT HYDERABAD. 7.GUARD FILE.