ABDUL MANNAN,HYDERABAD vs. INCOME TAX OFFICER, WARD-7(3), HYDERABAD

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ITA 2017/HYD/2018Status: DisposedITAT Hyderabad01 November 2019AY 2010-113 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessment was completed ex-parte and the assessee did not appear before the CIT(A). Therefore, the Tribunal set aside the order of the CIT(A) and remanded the issue to the AO for reconsideration of both the validity of reassessment proceedings and the merits of the additions under Section 50C.

What were the facts?

The assessee sold a commercial property for Rs. 8,25,000, but the SRO value was Rs. 10,24,900. The AO reopened the case under Section 147 and completed the assessment ex-parte under Section 144, adopting the SRO value as sale consideration under Section 50C.

What were the issues?

The key issues were the validity of the reassessment proceedings initiated under Section 147 and the merits of the addition made under Section 50C based on the SRO value.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 50C,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ SMC Bench, Hyderabad

Before: Smt. P. Madhavi Devi

Hearing: 31/10/2019Pronounced: 01/11/2019

Per Smt. P. Madhavi Devi, J.M.

This is assessee’s appeal for the A.Y 2010-11 against the order of the CIT (A)-3, Hyderabad, dated 18.6.2018.

2.

Brief facts of the case are that the assessee is an individual and had sold a commercial property situated at Door No.19-2-317/D/11/A, New Mallepally, Hyderabad vide document No.3877 of 2009 on 3.12.2009 for a consideration of Rs.8,25,000/-. The AO noticed that the SRO value of the property was Rs.10,24,900/-. Since the assessee had not filed the return of income reflecting the above transaction and offering the capital gain derived therefrom, the case was reopened u/s 147 of the Act. Since the assessee did not appear and did not file any details, the assessment was completed u/s 144 by adopting the SRO value of Rs.10,24,900/- as the sale consideration u/s 50C of the I.T. Act and the capital gains was brought to tax. Aggrieved, the assessee Page 1 of 3

ITA No 2017 of 2018 Abdul Mannan Hyderabad.

filed an appeal before the CIT (A) challenging the validity of the re- assessment proceedings and also the merits of the addition. None appeared before the CIT (A) also on behalf of the assessee. The learned CIT (A) however, confirmed the validity of the proceedings u/s 147 and remanded the issue on merits to the file of the AO and the assessee is in second appeal before me.

2.

The learned Counsel for the assessee prayed that the issue of validity of reopening also may be set aside to the file of the AO for reconsideration.

3.

The learned DR however, opposed the remand to the AO.

4.

Having regard to the rival contentions and the material on record, I find that the assessment was completed ex-parte u/s 144 by the AO and even before the CIT (A), none appeared for the assessee. The CIT (A) has confirmed the validity of the notice u/s 148. Since he has already set aside the issue on merits to the file of the AO, I am of the opinion that the CIT (A) ought to have remanded the issue of validity of the notice u/s 148 also to the file of the AO. In view of the same, I am inclined to set aside the order of the CIT (A) and remand the issue to the file of the AO for reconsideration of the issue both on the validity of the re- assessment proceedings as well as merits of the additions u/s 50C afresh.

5.

In the result, assessee’s appeal is treated as allowed for statistical purposes.

Page 2 of 3

ITA No 2017 of 2018 Abdul Mannan Hyderabad.

Order pronounced in the Open Court on 1st Nov. 2019. Sd/- (P. MADHAVI DEVI) JUDICIAL MEMBER

Hyderabad, dated 1st Nov. 2019. Vinodan/sps

Copy to:

1 Shri Abdul Mannan, C/o Shri T. Chaitanya Kumar, Advocate, Flat No.102, Gouri Apartment, Urdu Lane, Himayatnagar, Hyderabad 2 ITO Ward 7(3) Hyderabad 3 CIT (A)-3 Hyderabad 4 Pr. CIT – 3 Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File

By Order

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