Shri Ahura Holdings, Hyd., Hyderabad v. DCIT, CC-2, Hyd., Hyderabad

MA 202/HYD/2013 | 2003-2004
Pronouncement Date: 04-10-2013 | Result: Dismissed

Appeal Details

RSA Number 20222524 RSA 2013
Assessee PAN AAJFA0644D
Bench Hyderabad
Appeal Number MA 202/HYD/2013
Duration Of Justice 1 month(s) 13 day(s)
Appellant Shri Ahura Holdings, Hyd., Hyderabad
Respondent DCIT, CC-2, Hyd., Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 04-10-2013
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 04-10-2013
Assessment Year 2003-2004
Appeal Filed On 22-08-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A' HYDERABAD BEFORE SHRI CHANDRA POOJARI ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY JUDICIAL MEMBER MA NO. 202/HYD/2013 IN ITA NO. 362/HYD/2010 A.Y. 2 003-04 MA NO. 203/HYD/2013 IN ITA NO. 363/HYD/2010 A.Y. 2 004-05 MA NO. 204/HYD/2013 IN ITA NO. 364/HYD/2010 A.Y. 2 005-06 M/S. AHURA HOLDINGS HYDERABAD PAN: AAJFA0644D VS. THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-3 HYDERABAD APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SRI R. LAXMAN DATE OF HEARING: 04 . 1 0.2013 DATE OF PRONOUNCEMENT: 04 . 1 0.2013 O R D E R PER CHANDRA POOJARI AM: BY THE ABOVE MISCELLANEOUS APPLICATIONS (MAS) THE AS SESSEE IS SEEKING RECTIFICATION IN THE ORDER OF THE TRIBUN AL DATED 26 TH NOVEMBER 2010 IN ITA NOS. 362-364/HYD/2010. 2. NONE APPEARED FOR THE ASSESSEE. WE HAVE HEARD THE LEARNED DR. WE HAVE CAREFULLY GONE THROUGH THE MAS FILED BY THE ASSESSEE. ACCORDING TO THE ASSESSEE THE TRIBUNAL COMMITTED AN ERROR BY OBSERVING THAT THE AO WHILE MAKING THE ASSESSMENT U /S. 153A AND 153C OF THE INCOME-TAX ACT 1961 HE CAN RESORT TO I NTERPOLATION EVEN WHEN NO MATERIAL COMES TO THE POSSESSION OF TH E AO DURING THE COURSE OF SEARCH OR POST SEARCH PROCEEDINGS INCLUDI NG THE PROCEEDINGS OF ASSESSMENT. THE ABOVE ISSUE RAISED B Y THE ASSESSEE IN ITS PETITION IS DEVOID OF MERIT AS THIS ISSUE WA S CARRIED TO THE JURISDICTIONAL HIGH COURT IN THE CASE OF GOPAL LAL BHADRUKA AVADESH BHADURKA AND AHURA HOLDINGS VS. DCIT (346 ITR 106) ( AP) WHEREIN THE HONBLE HIGH COURT OBSERVED AS FOLLOWS: MA NOS. 202-204 /HYD/2013 M/S. AHURA HOLDINGS ====================== 2 'SECTIONS 153A 153B AND 153C WERE INSERTED IN THE INCOME-TAX ACT 1961 WITH EFFECT FROM JUNE 1 2003 IN CHAPTER XLV. THESE SECTIONS ARE APPLICABLE TO SEARC H OPERATIONS OR REQUISITIONS MADE AFTER MAY 31 2003. SIMULTANEOUSLY SECTION 158BI WAS INSERTED IN CHAPTE R XIV-B. BY VIRTUE OF SECTION 158BI OF THE ACT THE V ARIOUS PROVISIONS OF CHAPTER XIV-B OF THE ACT ARE MADE INAPPLICABLE TO PROCEEDINGS UNDER SECTIONS 153A AND 153C OF THE ACT. THE EFFECT OF THIS IS THAT WHILE THE PROVISIONS OF CHAPTER XIV -B OF THE ACT LIMIT THE INQUIRY BY THE ASSESSING OFFICER TO THOSE MATERIALS FOUND DURING THE SEARCH AND SEIZURE OPERATION NO SUCH LIMITATION IS FOUND IN SO FAR AS SECTIONS 153A AND 153C OF THE ACT ARE CONCERNED. THEREFORE IT FOLLOWS THAT FOR THE PURPOSES OF SECTIONS 153A AND 153C OF THE ACT THE ASSESSING OFFICER CAN TAKE INTO CONSIDERATION MATERI AL OTHER THAN WHAT WAS AVAILABLE DURING THE SEARCH AND SEIZURE OPERATION FOR MAKING AN ASSESSMENT OF THE UNDISCLOSED INCOME OF THE ASSESSEE.' 3. BEING SO THE MAS FILED BY THE ASSESSEE CANNOT BE CO NSIDERED AS THE ISSUE IN DISPUTE WAS DECIDED BY THE HONBLE HIGH COURT AGAINST THE ASSESSEE BY CONFIRMING THE ORDER OF THE TRIBUNAL. 4. IN THE RESULT ALL THE THREE MAS FILED BY THE ASSESS EE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH OCTOBER 2013 SD/ - (SAKTIJIT DEY) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD DATED 4 TH OCTOBER 2013 TPRAO COPY FORWARDED TO: 1. M/S. AHURA HOLDINGS PLOT NO. 684/A ROAD NO. 33 JUBILEE HILLS HYDERABAD-500 033 2. THE DEPUTY COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE - 2 HYDERABAD. 3. THE CIT(A) - I HYDERABAD . 4. THE CIT (CENTRAL) HYDERABAD. 5. THE DR ' A ' BENCH ITAT HYDERABAD