SHANTA SRIRAM CONSTRUCTIONS PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD

PDF · subscribers
ITA 559/HYD/2020Status: DisposedITAT Hyderabad08 October 2021AY 2013-144 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT held that the CIT(A) erred in dismissing the assessee's appeal as not maintainable. The Tribunal directed the CIT(A) to decide the appeal on merits after providing a hearing.

What were the facts?

The assessee filed its return of income, which was later revised. The assessment order was passed, and subsequently, the Pr. CIT initiated revision proceedings under Section 263. The AO passed a consequential order, which the assessee appealed to the CIT(A).

What were the issues?

The primary issue was whether the appeal filed before the CIT(A) against the consequential order passed under Section 143(3) read with Section 263 was maintainable.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Sai Kumar for Shri V. Ravi Bhardwaj
For Respondent: Shri Rohit Mujumdar
Hearing: 27/09/2021Pronounced: 08/10/2021

O R D E R PER L.P. SAHU, A.M.: This appeal filed by the assessee is directed against CIT(A) – 3, Hyderabad’s order dated 12/03/2020 for AY 2013-14 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

2.

Briefly the facts of the case are that the assessee company filed its return of income on 31/10/2013

:- 2 -: M/s Shanta Sriram Constructions Pvt. Ltd., Hyd. admitting total income of Rs. 5,39,81,610/-. Subsequently, the assessee company revised it on 06/03/2015 admitting total income at Rs. 4,39,81,610. Assessment u/s 143(3) was completed on 30/06/2015 assessing the total income at Rs. 4,49,14,541/-.

2.1 Thereafter, the assessment was subjected to revision u/s 263 by the Pr. CIT-3, Hyderabad and an order u/s 263 was passed on 31/01/2018.

2.2 The AO passed consequential order u/s 143(3) r.w.s. 263 of the Act assessing the income of the assessee at Rs. 5,49,14,540/-.

3.

Against the said order, the assessee preferred an appeal before the CIT(A) and the CIT(A) dismissed the appeal of the assessee by holding as under:

4. We have considered the rival submissions and perused the material on record as well as gone through the orders of revenue authorities. The main grievance of the assessee in the grounds of appeal is that the CIT(A) erred in concluding that the appeal filed before him is not maintainable. In our considered opinion, the CIT(A) was wrong in dismissing the appeal as not maintainable as the assessee has rightly filed appeal before him against the :- 3 -: M/s Shanta Sriram Constructions Pvt. Ltd., Hyd.

consequential order passed by the AO u/s 143(3) r.w.s. 263 of the Act. Therefore, we remit the file back to the CIT(A) with a direction to decide the appeal on merits and in accordance with law after providing reasonable opportunity of hearing to the assessee in the matter. Accordingly, the grounds raised by the assessee are treated as allowed for statistical purposes.

4.

In the result, appeal of the assessee is treated as allowed for statistical purposes. Pronounced in the open court on 8th October, 2021.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →