M/s. Coastline Farms Pvt.Ltd., Hyd, Hyderabad v. ACIT (OSD), Hyderabad

ITA 691/HYD/2011 | 2007-2008
Pronouncement Date: 29-11-2011 | Result: Allowed

Appeal Details

RSA Number 69122514 RSA 2011
Assessee PAN AACCC1340E
Bench Hyderabad
Appeal Number ITA 691/HYD/2011
Duration Of Justice 7 month(s) 10 day(s)
Appellant M/s. Coastline Farms Pvt.Ltd., Hyd, Hyderabad
Respondent ACIT (OSD), Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 29-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 29-11-2011
Assessment Year 2007-2008
Appeal Filed On 18-04-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B' HYDERABAD BEFORE SHRI H.S. SIDHU JUDICIAL MEMBER AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER I .T.A. NO. 691/HYD/2011 (ASSESSMENT YEAR : 2007-08) M/S. COASTLINE FARMS PVT. LTD. HYDERABAD PAN: AACCC1340E VS. ACIT (OSD) CENTRAL RANGE-1 HYDERABAD APPELLANT RESPONDENT I .T.A. NO. 859/HYD/2011 (ASSESSMENT YEAR : 2007-08) DCIT CENTRAL CIRCLE-9 HYDERABAD VS. M/S. COASTLINE FARMS PVT. LTD. HYDERABAD PAN: AACCC1340E APPELLANT RESPONDENT I .T.A. NO. 707/HYD/2011 (ASSESSMENT YEAR : 2007-08) DCIT CENTRAL CIRCLE-8 HYDERABAD VS. M/S. NALLAMALA AGRO FARMS PVT. LTD. HYDERABAD PAN: AABCN2520Q APPELLANT RESPONDENT ASSESSEE BY: SHRI K.C. DEVDAS REVENUE BY: SHRI B.V. PRASAD REDDY DATE OF HEARING: 29.11.2011 DATE OF PRONOUNCEMENT: 29.11.2011 O R D E R PER BENCH THE ABOVE APPEALS BY DIFFERENT ASSESSEES ARE DIRECT ED AGAINST THE DIFFERENT ORDERS OF THE CIT(A)-VII HYDERABAD DATED 25.02.2011 AND 28.02.2011 RESPECTIVELY FOR THE ASSESSMENT YEAR 2007-08. SIN CE COMMON ISSUES ARE INVOLVED THE ABOVE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT NO PROPER OPPORTUNITY OF HEARING WAS GIVEN TO THE ASSESSEE BY THE ASSESSI NG OFFICER AS ITS RECORDS WERE I.T.A. NOS. 691 859 & 707/HYD/2 011 M/S. COASTLINE FARMS PVT. LTD. & ANR. ============================ 2 IMPOUNDED BY THE CBI AND WERE RELEASED ONLY AFTER T HE ASSESSMENT PROCEEDINGS IN THESE CASES WERE COMPLETED. IN THESE FACTS HE ARGUED THAT IN THE INTEREST OF JUSTICE THE ORDERS OF THE AUTHORITIES BELOW SHOULD BE SET ASIDE AND THESE MATTERS SHOULD BE RESTORED TO THE FILE OF THE ASSESSING OFF ICER FOR DE NOVO ASSESSMENT. THE LEARNED DR HAS RELIED ON THE ORDERS OF THE ASSE SSING OFFICER AND THE CIT(A). 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VI EW OF THE FACT THAT THE RECORDS OF THE ASSESSEES WERE IMPOUNDED BY THE CBI AND WERE RELEASED ONLY AFTER THE COMPLETION OF THE ASSESSMEN T PROCEEDINGS IN THESE CASES WE ARE OF THE VIEW THAT IT SHALL BE IN THE I NTEREST OF JUSTICE TO SET ASIDE THE ORDERS OF THE REVENUE AUTHORITIES AND RES TORE THESE MATTERS TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO FRAME THE ASSESSMENT DE NOVO AFTER ALLOWING REASONABLE OPPORTUNITY OF HEARING T O THE ASSESSEES. WE DIRECT ACCORDINGLY. 4. IN THE RESULT BOTH THE APPEALS OF THE ASSESSEES AN D THE APPEAL OF THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH NOVEMBER 2011. SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER SD/ - (H.S. SIDHU) JUDICIAL MEMBER HYDERABAD DATED THE 29 TH NOVEMBER 2011 COPY FORWARDED TO: 1. M/S. COASTLINE FARMS PVT. LTD. PLOT NO. 80 ROA D NO. 9 JUBILEE HILLS HYDERABAD-500 033. 2. M/S. NALLAMALA AGRO FARMS PVT. LTD. FLAT NO. 10 2 DHANUNJAYA NEST RAJIV NAGAR YOUSUFGUDA HYDERABAD. 3. THE ACIT (OSD) CENTRAL RANGE-1 HYDERABAD. 4. THE DCIT CENTRAL CIRCLE-9 HYDERABAD. 5. THE DCIT CENTRAL CIRCLE-8 HYDERABAD. 6. THE CIT(A)-VII HYDERABAD. 7. THE CIT (CENTRAL) HYDERABAD. 8. THE DR B BENCH ITAT HYDERABAD TPRAO