RAGURAM GARIKAPATI BY GPA SMT.G.PRAMEELA DEVI,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION-I, HYDERABAD

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ITA 2127/HYD/2018Status: DisposedITAT Hyderabad06 August 2021AY 2009-103 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal accepted the assessee's application and remanded all three appeals back to the Assessing Officer. The Assessing Officer was directed to follow the decision of the Hon'ble High Court once it was passed in the assessee's own case.

What were the facts?

The assessee filed appeals for multiple assessment years, raising issues similar to those decided in earlier years by the ITAT. The assessee had filed appeals before the High Court against the earlier ITAT orders, which were admitted and pending.

What were the issues?

Whether the appeals should be remanded to the AO to await the High Court's decision on similar issues pending in earlier years. Validity of re-opening of assessment under Section 147 was also raised but not pressed.

Which sections of the Income-tax Act were involved?

Section 158A,Section 260A,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘A’ BENCH : Hyderabad

Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

Hearing: 29/07/2021Pronounced: 06/08/2021

O R D E R PER P. MADHAVI DEVI, JM

All these three appeals are filed by the assessee through GPA Holder Smt. G. Prameela Devi, for the AYs 2009-10, 2013-14 and 2014-15.

2.

The assessee has filed an application in Form 8 u/s 158A(1) of the Income Tax Act, 1961 and submitted that the very same issue which has arisen in earlier years i.e. AY 2006-07 and 2008-09 has been decided against the assessee by the Co-Ordinate bench of this Tribunal and the assessee has filed appeals against the same before the hon’ble High Court u/s 260A of the 2128 and 2129/Hyd/18 AYs: 2009-10/2013-14/2014-15 Raghuram Garikapati by GPA Smt. G. Prameela Devi Act and such appeals have been admitted and are pending adjudication before the hon’ble High Court. It is therefore prayed that these appeals may also be remanded to the file of AO to follow the directions of the hon’ble High Court as and when the appeals of the assessee are decided. The assessee has also filed copies of the Writ Petitions filed by assessee before the hon’ble high court. We find that the issues involved herein are similar. Therefore, Form 8 filed by assessee is accepted and all these 3 appeals are remanded back to the file of AO with a direction to follow the decision of Hon’ble High Court of Telangana, Hyderabad passed in the assessee’s own case in the earlier years. 2.1. In A.Y. 2009-10, the assessee has also raised grounds against the validity of re-opening of assessment u/s 147 of the Act and at the time of hearing, ld. counsel for the assessee, submitted that assessee does not wish to press such ground. Therefore this ground is rejected as not pressed.

3.

All the three appeals filed by the assessee are accordingly remanded to the file of AO with the directions as given above.

In the result, the assessee’s appeals are treated as partly allowed for statistical purposes. Order pronounced in Open Court on 06/08/2021.

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