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Income Tax Appellate Tribunal, HYDERABAD BENCHES : BENCH “A” HYDERABAD
Before: SHRI S.S. GODARA & SHRI L.P. SAHU
For Assessee: Shri K.A. Sai Prasad, Adv. For Revenue: Sri Lakka Bhushanam, DR Date of Hearing : 05/07/2021 Date of Pronouncement : 17/08/2021 O R D E R PER S.S. GODARA, J.M. These are assessee’s appeals against the CIT(A)-2, Hyderabad’s orders dated 20.01.2020 in case nos 10381/2018-19 and 10387/2018-19 and case no. 10384/2018-19 dated 06.01.2020 for AY 2011-12; respectively, .. 275, 276 and 279?hyd/2020 AY 2011-12 Sri Mohmood Mohammed, Rasheed Mohammed, Husanali Mohammed involving proceedings u/s 143(3) rws 147 of the Income Tax Act, 1961 [ in short ‘the Act’ ].
Heard the assessees represented by Sri K.Sai Prasad, AR and Sri Lakka Bhushanam Ld.DR representing the department.
It emerges at the outset that both the learned lower authorities have assessed all the three instant assessees for having derived capital gains on account of transfer of land at survey nos. 100 and 107 Mokilaa village, Shankarpalli Mandal, R.R.Dt. (TS). We next note that all these three assessees are co-sharers in this said land and this tribunal’s “SMC” bench common order dated 4.2.2021 in ITA 269 to 274 and 277 and 278/Hyd/2020 filed by the other co-sharers, has restored the very issue back to the file of Assessing officer to determine as to whether the land(s) herein formed capital asset(s) u/s 2(14) of the Act. The Assessing officer has further been directed to verify the assessees that these lands had been sold in subsequent AYs. Faced with this situation, we deem it fit and proper to issue the same directions to the Assessing officer by adopting judicial consistency.
These assessees or their authorised representatives are directed to appear before the Assessing officer on or before 30th November, 2021 with all the relevant evidence to this effect, at their own risk and responsibility followed by three effective opportunities of hearing. These three assessees appeals are accepted for statistical purposes in above terms. Pronounced in Open Court on 17th August 2021. Sd/- Sd/- (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: the 17th August, 2021. * gmv .. 275, 276 and 279?hyd/2020 AY 2011-12 Sri Mohmood Mohammed, Rasheed Mohammed, Husanali Mohammed