ACIT, Hyderabad v. Sri Mohd Moinuddin, R.R.Dist

ITA 1449/HYD/2010 | 2008-2009
Pronouncement Date: 30-03-2012 | Result: Dismissed

Appeal Details

RSA Number 144922514 RSA 2010
Assessee PAN ARMPN9089Q
Bench Hyderabad
Appeal Number ITA 1449/HYD/2010
Duration Of Justice 1 year(s) 4 month(s) 7 day(s)
Appellant ACIT, Hyderabad
Respondent Sri Mohd Moinuddin, R.R.Dist
Appeal Type Income Tax Appeal
Pronouncement Date 30-03-2012
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 30-03-2012
Assessment Year 2008-2009
Appeal Filed On 23-11-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH HYDERABAD BEFORE SHRI CHANDRA POOJARI ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY JUDICIAL MEMBER ITA NO.1449/HYD/10 ASSTT. YEAR: 2008-09 ACIT CENTRAL CIRCLE - 6 HYDERABAD. VS SRI MOHD. MOINUDDIN RANGA REDDY DISTRICT. (PAN:ARMPN 9089 Q) APPELLANT RESPONDENT APPELLANT BY : SRI B.V. PRASAD REDDY RESPONDENT BY : SRI K.A. SAI PRASAD DATE OF HEARING : 22-03-2012. DATE OF PRONOUNCEMENT : 30-03-2012. ORDER PER SAKTIJIT DEY J.M. THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDE R DATED 8-9-2010 OF THE CIT (A)-I HYDERABAD PASSED I N ITA NO.1006/CC-6 HYD/CIT(A)-I/09-10 PERTAINING TO THE ASSESSMENT YEAR 2008-09. 2. THE REVENUE HAS FILED THE APPEAL CHALLENGING THE DELETION OF AMOUNT OF RS.16 50 000/- RS.11 66 666/- AND RS.65 000/- RECEIVED AS ADVANCES FROM DIFFERENT PAR TIES FOR SALE OF LAND. ITA NOS.1449/HYD/2010 SRI MOHD. MOINUDDIN RR DISTRICT. =============================== 2 3. IN THE COURSE OF ASSESSMENT PROCEEDINGS UNDER SECTION 143(3) READ WITH SECTION 148 OF THE ACT TH E AO FOUND THAT THE ASSESSEE HAD RECEIVED AN AMOUNT OF RS.16 50 000 FROM RADHA REALTY CORPORATION AS ADVAN CE IN CONNECTION WITH THE SALE OF LAND DURING THE FINA NCIAL YEAR 2004-05 AND THE SAME LANDS WERE AGAIN SOLD TO DLF COMPANY DURING THE PREVIOUS YEAR RELEVANT TO THE ASSESSMENT YEAR 2008-09. THE AO TREATED THE ADVANCE RECEIVED IN THE YEAR 2004-05 AS THE ASSESSEES INCO ME FOR THE ASSTT. YEAR 2008-09. SIMILARLY AMOUNTS OF RS. RS.11 66 666/- WAS RECEIVED FROM SRI MUTHYAM REDDY AND RS.65 000/- FROM SRI JAGAT SINGH TOWARDS ADVANC E IN CONNECTION WITH SALE OF LAND DURING FINANCIAL YEAR 2004-05 WERE ADDED TO THE TOTAL INCOME FOR ASST. YEAR 2008- 09. THE ASSESSEE CHALLENGED THE ADDITIONS MADE BY THE A O BY FILING AN APPEAL BEFORE THE CIT (A). ON APPEAL TH E CIT (A) FOUND THAT SIMILAR ADDITIONS WERE ALSO MADE IN CASE OF SOME OTHER FAMILY MEMBERS OF THE ASSESSEE AND TH E ADDITIONS WERE CHALLENGED BY THEM. THE CIT (A) FOL LOWING HIS OWN ORDER PASSED EARLIER ON IDENTICAL ISSUE IN CASE OF SRI MOHD. USUMUDDIN HELD THAT THE AMOUNT RECEIVED B Y THE ASSESSEE IN THE FINANCIAL YEAR 2004-05 CANNOT B E TAXED IN THE ASSESSMENT YEAR 2008-09. THE CIT (A) HAD FURTHER HELD THAT THE EARLIER TRANSACTION WAS A DIF FERENT TRANSACTION THAN THE ONE WITH DLF COMPANY. 4. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE ISSUE IS COVER ED BY AN ORDER PASSED BY THE CO-ORDINATE BENCH OF THIS TR IBUNAL IN ITA NOS. 1464/HYD/2010 AND OTHER GROUP DATED 10- 2- 2012 WHEREIN THE ITAT HYDERABAD BENCH HAS UPHELD T HE ITA NOS.1449/HYD/2010 SRI MOHD. MOINUDDIN RR DISTRICT. =============================== 3 DECISION OF THE CIT (A) THAT THE ADVANCES RECEIVED IN AN EARLIER FINANCIAL YEAR FOR A DIFFERENT TRANSACTION THAN THE ONE WITH DLF CANNOT BE ADDED IN THE YEAR UNDER CONSIDERATION. IN THE AFORESAID VIEW OF THE MATTER FOLLOWING THE VIEW TAKEN BY THE CO-ORDINATE BENCH O F THE TRIBUNAL MENTIONED SUPRA WE REJECT THE GROUNDS RAI SED BY THE REVENUE. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE COURT ON 30 -03-2012. SD/- SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER SD/- (SAKTIJIT DEY) JUDICIAL MEMBER DATED THE 30 TH MARCH 2012. COPY FORWARDED TO: 1. ACIT CENTRAL CIR-6 6 HYDERABAD. 2. SRI MOHD. MOINUDDIN 1-46 NARSINGHI VILLAGE RAJENDRA NAGAR MANDAL RR DISTRICT. 3. CIT (A)-I HYDERABAD. 4. THE CIT CONCERNED HYDERABAD 5. THE DR ITAT HYDERABAD JMR* ITA NOS.1449/HYD/2010 SRI MOHD. MOINUDDIN RR DISTRICT. =============================== 4 ITA NOS.1449/HYD/2010 SRI MOHD. MOINUDDIN RR DISTRICT. =============================== 5