ACIT, Circle - 10(1), Hyderabad v. M/s Sri Venkat Sai Laxmi Estates, Hyderabad

MA 257/HYD/2010 | misc
Pronouncement Date: 31-01-2011 | Result: Dismissed

Appeal Details

RSA Number 25722524 RSA 2010
Assessee PAN ABJFS8150R
Bench Hyderabad
Appeal Number MA 257/HYD/2010
Duration Of Justice 1 month(s)
Appellant ACIT, Circle - 10(1), Hyderabad
Respondent M/s Sri Venkat Sai Laxmi Estates, Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 31-01-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 31-01-2011
Assessment Year misc
Appeal Filed On 31-12-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A HYDERABAD BEFORE SHRI G.C. GUPTA VICE PRESIDENT AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER MA NO.257/H/2010 ARISING OUT OF ITA NO.927/H/2010 ASSESSMENT YEAR 2007-2008 M/S SRI VENKATA SAI LAXMI ESTATES HYDERABAD (PAN ABJFS 8150 R) VS THE ACIT CIRCLE 10(1) HYDERABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.M.S. KAMA RAJU RESPONDENT BY : SHRI K.V.N. CHARYA O R D E R PER CHANDRA POOJARI ACCOUNTANT MEMBER: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSE SSEE SEEKING THE RECALL OF THE ORDER OF THIS TRIBUNAL IN ITA NO. 927 /HYD/2010 DATED 7.10.2010 AND PERTAINS TO THE ASSESSMENT YEAR 2007- 08. 2. THE LEARNED AUTHORISED REPRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT THIS TRIBUNAL HAS SET ASIDE THE ISSU E INVOLVED IN THE REVENUE APPEAL TO THE FILE OF CIT(A) WITH THE FOLLO WING DIRECTIONS: 4. THE MAIN GRIEVANCE IN REVENUE APPEAL IS THAT TH E CIT(A) OUGHT TO HAVE APPRECIATED THAT THE AMOUNT OF RS.5.87 CRORE R ECEIVED FROM M/S SUCHIR INDIA IS TAXABLE IN ASSESSMENT YEAR 2007-08 AND CIT(A) OUGHT NOT TO HAVE HELD THAT THE ABOVE SUM REPRESENTS ADVA NCE TOWARDS DEVELOPMENT WORK. THE ASSESSEE HAS FILED RETURN O F INCOME OF THE PARTNERS BEFORE THE CIT(A) WHICH WAS NOT PUT BEFORE THE ASSESSING OFFICER BEFORE PASSING THE APPELLATE ORDER BY THE CIT(A) HENCE THIS IS AGAINST THE PRINCIPLES OF OF NATURAL JUSTICE. AS S UCH WE ARE ACCEDE TO THE REQUEST OF THE LEARNED DEPARTMENTAL REPRESENTAT IVE. ACCORDINGLY THE ISSUES INVOLVED IN THIS APPEAL IS SET ASIDE TO THE FILE OF CIT(A) TO DECIDE AFRESH AFTER CONFRONTING THE EVIDENCE FILED BEFORE THE CIT(A) TO THE ASSESSING OFFICER AND CALLING HIS REMAND REPORT . AT THIS STAGE WE ARE REFRAINED FROM GOING INTO THE OTHER GROUNDS OF THE APPEAL. MA NO.257/H/2010 (ITA 927/H/2010) M/S VENKATA SAI LAXMI ESTATES HYD. 2 2 3. ACCORDING TO THE LEARNED AUTHORISED REPRESENT ATIVE FOR THE ASSESSEE SETTING ASIDE THE ISSUE TO THE FILE OF CI T(A) IS NOT JUSTIFIED SINCE THE REVENUE DID NOT RISE ANY ISSUE OF FRESH EVIDENC E PRODUCED BEFORE THE CIT(A). THEREFORE SETTING ASIDE THE APPEAL IN THIS REGARD DOES NOT DESERVE ANY MERIT. AS SUCH THE LEARNED AUTHORISED REPRES ENTATIVE FOR THE ASSESSEE PRAYED THE BENCH TO RESTORE THE APPEAL AND GIVE AN OPPORTUNITY OF BEING HEARD. WITHOUT PREJUDICE TO THE ABOVE HE SUB MITTED THAT ON THE DATE OF HEARING THE ASSESSEES COUNSEL COULD NOT APPEA R BEFORE THE TRIBUNAL DUE TO ILL HEALTH AND PRAYED FOR ONE MORE OPPORTUNI TY OF HEARING. 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMI TTED THAT THE ASSESSEE COULD NOT HAVE ANY GRIEVANCE AGAINST THE O RDER OF THIS TRIBUNAL SINCE THE TRIBUNAL HAS SET ASIDE THE ISSUE TO THE F ILE OF CIT(A) TO GIVE AN OPPORTUNITY TO THE DEPARTMENT TO CONSIDER THE REMAN D REPORT FROM ASSESSING OFFICER. 6. WE HAVE HEARD BOTH THE PARTIES AND PERUSED TH E MATERIAL AVAILABLE ON RECORD. IN OUR OPINION THE ASSESSEE COULD NOT HAVE ANY GRIEVANCE AGAINST THE ORDER OF THE TRIBUNAL. THE T RIBUNAL HAS SET ASIDE THE ISSUE TO THE FILE OF THE CIT(A) WITH A DIRECTION TO CONFRONT THE EVIDENCE FILED BEFORE THE CIT(A) TO THE ASSESSING OFFICER AND CALL ING HIS REMAND REPORT ON MERIT. THE TRIBUNAL HAS NOT GIVEN ANY FINDINGS ON MERIT OF THE ISSUE AS SUCH THE ASSESSEE CAN PUT FORTH ITS CASE BEFORE TH E CIT(A). ACCORDINGLY THE MA FILED BY THE ASSESSEE STANDS DISMISSED. 7. IN THE RESULT THE MA NO.257/H/2010 (IN ITA N O.927/H/2010) STANDS DISMISSED. MA NO.257/H/2010 (ITA 927/H/2010) M/S VENKATA SAI LAXMI ESTATES HYD. 3 3 ORDER PRONOUNCED IN THE OPEN COURT 21.1.2011 SD/- SD/- G.C. GUPTA CHANDRA POOJARI VICE PRESIDENT ACCOUNTANT MEMBER DATED THE 21 ST JANUARY 2011 COPY FORWARDED TO: 1. M/S VENKATA SAI LAXMI ESTATES F-19 JABBAR BUIL DINGS BEGUMPET HYDERABAD 2. THE ACIT CIRCLE 10(1) HYDERABAD 3. CIT(A)-VI HYDERABAD. 4. CIT HYDERABAD 5. THE D.R. ITAT HYDERABAD. NP