SANDHYA RANI GOLKONDA,UNITED KINGDOM vs. ITO (INT TAXN)-1, HYDERABAD

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ITA 510/HYD/2024Status: DisposedITAT Hyderabad29 July 2024AY 2015-16Bench: Shri Laliet Kumar (Judicial Member), Shri Manjunatha, G. (Accountant Member)5 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that in the interest of natural justice, it was proper to restore the issue to the file of the learned CIT(A). The Tribunal found that the assessee did not receive intimation with a proper DIN in the notices issued by the learned CIT(A). Consequently, the Tribunal directed the learned CIT(A) to provide one more opportunity of being heard to the assessee to substantiate its case. The assessee was also directed to attend before the learned CIT(A) on the date of hearing and submit all requisite details and evidences without seeking any adjournment. The Tribunal did not decide the substantive grounds of appeal regarding the addition of capital gains or the penalty proceedings, as the matter was remanded for fresh consideration.

What were the facts?

The assessee, Smt. Sandhya Rani Golkonda, a non-resident, is appealing an order from the CIT(A)-10, Hyderabad, for Assessment Year 2015-16. The Assessing Officer (AO) initiated reassessment proceedings under Section 147 read with Section 144 of the Income Tax Act, 1961, after noticing information regarding the sale of an immovable property by the assessee. The assessee had a one-third share in a property sold for Rs. 1,02,33,000 against SRO values of Rs. 1,05,75,000. The AO added Rs. 17,60,688 as undisclosed capital gains, initiating penalty proceedings under Section 271(1)(c). The assessee filed a return of income on March 28, 2022, declaring Rs. 5,86,020, claiming indexed cost of acquisition and improvement, and using the SRO value for capital gains calculation. The CIT(A) dismissed the assessee's appeal for non-appearance and lack of written submissions.

What were the issues?

1. Whether the Tribunal should restore the issue to the file of the learned CIT(A) in the interest of natural justice, given that the assessee claims not to have received intimation with a proper DIN in the notices issued by the learned CIT(A)? (Question of mixed law and fact, relating to procedural fairness and the validity of notices). Assessee's Contention: The assessee's counsel argued that the assessee received an intimation regarding a notice for hearing dated March 18, 2022, with a DIN different from the one mentioned in the notice under Section 148. The assessee stated that if given an opportunity, they could furnish all requisite details to substantiate their case before the learned CIT(A). Revenue's Contention: The learned DR supported the orders of the authorities below, submitting that despite several opportunities, the assessee failed to comply with the notices issued by the learned CIT(A). Therefore, the order of the learned CIT(A) should be upheld, and the grounds taken by the assessee should be dismissed.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘A‘ Bench, Hyderabad

Before: Shri Laliet Kumar & Shri Manjunatha, G.

For Appellant: Shri Mohd. Afzal, Advocate
Hearing: 29/07/2024

आदेश/ORDER

Per Laliet Kumar, J.M This appeal filed by the assessee is directed against the order dated 14/03/2024 of the learned CIT (A)-10, Hyderabad relating to A.Y.2015-16.

2.

Although a number of grounds have been raised by the assessee, however, these all relate to the order of the learned CIT (A) in confirming the addition of Rs.17,60,688/- made by the Assessing Officer u/s 147 r.w.s. 144 of the I.T. Act, 1961.

3.

Facts of the case, in brief, are that the assessee is a Non-resident and has not filed her original return of income for A.Y. 2015-16. As per the section 50C information disseminated by the I & CI wing, the Assessing Officer noticed that that assessee vide sale deed bearing No. 2345 of 2014 that on 25.07.2014 registered in the office of Joint Sub Registrar, Chikkadpally along with 2 others had sold an immovable property Municipal No. 1- 4- 886/1, premises admeasuring 379 sq.yds, Bakaram, Musheerabad, Hyderabad district for a total consideration of Rs. 1,02,33,000 against the SRO Values of Rs. 1,05,75,000 /- and the share of the assessee in the consideration is Rs. 35,25,000/- (1/3rdshare). The Assessing Officer issued notices u/s 148 and 142(1) after recording the reasons were recorded and after taking approval from prescribed competent. Assessee vide her reply has submitted that she is a non–resident individual and submitted that she has filed her return of income against Notice u/s 148 on 28.03.2022 declaring an income of Rs. 5,86,020/-. The assessee vide reply dated 10.02.2023 has submitted the copy of ITR, computation of income & Capital Gains, Sale deed copies, Bank account statements etc., along with detail reply. In her reply filed, assessee has claimed Cost acquisition with indexation, Cost of improvement with indexation. Assessee has taken SRO value for calculation of capital gains while filing return of Income. The Assessing Officer was of the opinion that the assessee has failed to disclose this capital gains of Rs. 17,60,688/-, which was added as undisclosed capital gains in the hands of the assessee. Since, the assessee failed to file return of income disclosing the said capital gains, it amounts to concealment of income and accordingly, penalty proceedings u/s 271(1)(C) of the Income Tax Act 1961 was also initiated.

1.

3. Being aggrieved with the assessment order, the assessee preferred an appeal before the learned CIT (A). Before the learned CIT (A) none appeared on behalf of the assessee nor neither filed any written submission. Thus, the learned CIT (A) dismissed the appeal of the assessee.

4.

Aggrieved with such order of the learned CIT (A) the assessee is in appeal before the Tribunal.

5.

The learned Counsel for the assessee submitted the assessee has received the intimation regarding notice for hearing dated 18.03.2022 mentioned in the notice u/s 148 having DIN No.ITBA/AST/M/148/2021-22/10/41003212(1) which is different from DIN No.of the assessee. The learned Counsel for the assessee further submitted that given an opportunity, the assessee would be in a position to furnish all the requisite details to substantiate its case before the learned CIT (A).

6.

The learned DR, on the other hand, supporting the orders of the authorities below submitted that despite several opportunities, the assessee failed to comply with the notices issued by the learned CIT (A). Hence, the order of the learned CIT (A) should be upheld and the grounds taken by the assessee should be dismissed.

7.

We have heard the rival arguments made by both the sides, perused the orders of the AO and the learned CIT (A).We find that the assessee did not receive intimation with proper DIN in the notices issued by the learned CIT (A). Therefore, in the interest of natural justice, we deem it proper to restore the issue to the file of the learned CIT (A) with a direction to provide one more opportunity of being heard to the assessee to substantiate its case. The assessee is also hereby directed to attend before the learned CIT (A) on the date of hearing and submit all the requisite details and evidences without seeking any adjournment.

8.

In the result, appeal filed by the assessee is allowed for statistical purposes.

Order pronounced in the Open Court at the time of hearing itself, i.e. on 29th July, 2024.

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