Prameela Churukanti , Suryapet v. Income Tax Officer, Ward-1, Suryapet

ITA 750/Hyd/2019 | 2011-2012
Pronouncement Date: 15-11-2019 | Result: Allowed

Appeal Details

RSA Number 75022514 RSA 2019
Assessee PAN AHMPC1674M
Bench Hyderabad
Appeal Number ITA 750/Hyd/2019
Duration Of Justice 6 month(s) 2 day(s)
Appellant Prameela Churukanti , Suryapet
Respondent Income Tax Officer, Ward-1, Suryapet
Appeal Type Income Tax Appeal
Pronouncement Date 15-11-2019
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-A
Tribunal Order Date 15-11-2019
Date Of Final Hearing 11-11-2019
Next Hearing Date 11-11-2019
Last Hearing Date 13-09-2019
First Hearing Date 13-09-2019
Assessment Year 2011-2012
Appeal Filed On 13-05-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC HYDERABAD BEFORE SMT. P. MADHAVI DEVI JUDICIAL MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 750/HYD/19 2011-12 PRAMEELA CHURUKANTI SURYAPET [PAN: AHMPC1674M] INCOME TAX OFFICER WARD-1 SURYAPET 751/HYD/19 2012-13 FOR ASSESSEE : SMT. S.SANDHYA AR FOR REVENUE : SMT. ESTHER N.HANGAL DR DATE OF HEARING : 11-11-2019 DATE OF PRONOUNCEMENT : 15-11-2019 O R D E R BOTH ARE ASSESSEES APPEALS FOR THE AYS.2011-12 & 2012-13 AGAINST THE ORDER OF THE COMMISSIONER OF INC OME TAX (APPEALS)-12 HYDERABAD DT.15-02-2019 RESPECTIVELY. 2. SINCE THE ISSUE IS COMMON IN BOTH THE ASSESSMENT Y EARS THE GROUNDS RAISED BY ASSESSEE FOR THE AY.2011-12 ARE REPRODUCED HERE UNDER: 1. THE ORDER OF THE LEARNED COMMISSIONER OF INCOME -TAX (APPEALS) IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2. THE ORDER OF THE LEARNED COMMISSIONER OF INCOME- TAX (APPEALS) OUGHT TO HAVE PROVIDED OPPORTUNITY BEFORE DECIDING THE APPEAL EX PARTE. 3. THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN HOLDING THAT THE ENTIRE AMOUNT OF RS.9 00 000/- BEING THE S ALE VALUE OF THE FLAT IS TAXABLE AS A CAPITAL GAIN WITHOUT CONSIDERI NG THAT THE FLAT NO.30B WAS NOT SUBJECTED TO EXEMPTION U/S.54F OF TH E I.T.ACT. THE ITA NOS. 750/HYD/2019 751/HYD/2019 :- 2 -: LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) FAILED TO CONSIDER THAT FLAT NO.30B FELL TO THE SHARE OF DEVELOPER AND NOT TO THE APPELLANT. 4. THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN CONFIRMING LEVY OF INTEREST U/S.234A AND U/S.234B O F THE I.T.ACT. 5. ANY OTHER GROUND THAT MAY BE URGED AT THE TIME O F HEARING. 3. AT THE OUTSET IT IS NOTICED THAT THE LD.CIT(A) HAS CONFIRMED THE ORDER OF THE ASSESSING OFFICER (AO) BE CAUSE NONE APPEARED FOR THE ASSESSEE AND NO EVIDENCE IN SU PPORT OF THE GROUNDS RAISED BY THE ASSESSEE BEFORE THE CIT(A) W ERE FILED BY THE ASSESSEE. LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT DUE TO ILL-HEALTH OF THE COUNSEL DURING THE RELEVANT P ERIOD NONE APPEARED BEFORE THE CIT(A) DUE TO WHICH THE ASS ESSMENT WAS DISPOSED-OF EX-PARTE. HE SUBMITTED THAT THE ASSESSMENT ORDER IS ALSO PASSED U/S.144 OF THE ACT ON ERRONEOUS UNDERSTANDING OF THE FACTS. HE SUBMITTED THAT THE PROPERTI ES WHICH HAVE BEEN CONSIDERED BY THE AO FOR BRINGING TO TAX THE CAPITAL GAIN ARE NOT THE PROPERTIES OF THE ASSESSEE BUT TH EY ARE THE PROPERTIES WHICH ARE FALLEN TO THE SHARE OF THE DEV ELOPER. FOR THE AY.2012-13 ALSO THE PROPERTY WHICH HAS BEEN CONSIDERED FOR BRINGING TO CAPITAL GAIN TAX HAD NOT BE EN SOLD DURING THE RELEVANT ASSESSMENT YEAR BUT WAS SOLD IN T HE EARLIER ASSESSMENT YEAR. HE SUBMITTED THAT THE ASSESSEE S CLAIM OF EXEMPTION U/S.54F OF THE ACT ALSO NEEDS TO BE CONSIDERED BY THE AO. 4. LD.DR WAS ALSO HEARD. ITA NOS. 750/HYD/2019 751/HYD/2019 :- 3 -: 5. HAVING REGARD TO THE FACT THAT BOTH THE ASSESSMENTS AS WELL AS THE FIRST APPEAL WAS DECIDED EX-PARTE THE ASSESSEE AND THE FACTS CONSIDERED BY THE AO ARE ALSO NOT CORRECT I D EEM IT FIT AND PROPER TO SET ASIDE THE ORDERS OF AUTHORITIES BELOW AND REMIT THE ISSUE TO THE FILE OF AO FOR DENOVO ASSESSMENT AFTER VERIFYING THE CONTENTIONS OF ASSESSEE. NEEDLESS TO ME NTION THAT THE ASSESSEE SHALL BE GIVEN A FAIR OPPORTUNITY OF HEA RING AND ASSESSEE SHALL ALSO CO-OPERATE WITH THE AO BY PROVID ING THE NECESSARY DETAILS FOR COMPLETION OF THE ASSESSMENT AT THE EARLIEST. 5. IN THE RESULT APPEALS OF ASSESSEE FOR BOTH THE ASSESSMENT YEARS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH NOVEMBER 2019 SD/- (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD DATED: 15-11-2019 TNMM ITA NOS. 750/HYD/2019 751/HYD/2019 :- 4 -: COPY TO : 1. PRAMEELA CHURUKANTI H.NO.1-6-141/2/C2 SREE VID YA NAGAR SURYA PET. 2. INCOME TAX OFFICER WARD-(1) SURYAPET. 3. CIT(APPEALS)-12 HYDERABAD. 4. PR.CIT-3 HYDERABAD. 5. D.R. ITAT HYDERABAD. 6. GUARD FILE.