Shiv Kumar Mittal, Hyderabad vs. Income Tax Officer, Ward-8(2), Hyderabad
In the result, the appeals of both the assessees are allowed
ITA 633/HYD/2018[2009-10]Status: DisposedITAT Hyderabad30 Aug 2019AY 2009-10
Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamonyassessment Year: 2009-10 Shiv Kumar Mittal, Vs. Income-Tax Officer, Hyderabad. Ward – 8(2), Hyderabad. Pan – Acipm 3813 D Appellant Respondent Assessee By: Shri Vikash Modi Revenue By: Smt. V. Aparna Date Of Hearing: 04/06/2019 Date Of Pronouncement: 30/08/2019 O R D E R Per Smt. P. Madhavi Devi, J.M. This Is An Appeal Of The Assessee For The Ay 2009-10 Against The Order Of Cit(A) – 8, Hyderabad, Dated, 16/02/2018. 2. Brief Facts Of The Case Are That The Assessee, An Individual, Had Sold A Property Situated At Kondapur Grampanchayat, Serilingampally Mandal, Rr District Vide Sale Deed No. 4100/2008 Dated 5Th June, 2008 For A Consideration Of Rs. 15,48,000/-, Whereas The Guideline Value Of The Property As Adopted By The Stamp Valuation Authority Was Rs. 50,56,000/-. Since The Assessee Did Not Offer Any Capital Gains On This Transaction To Tax, Ao Initiated Proceedings U/S 147 Of The Act By Issuing A Notice U/S 148 On 24/03/2016, Which Was Served On The Assessee By Way Of Affixture At The Last Known Address & Thereafter Notice U/S 142(1) Was Also Issued On 09/05/2016. Since There Was No Reply From The Assessee, A 2 I.T.A. No. 633/Hyd/18 Shiv Kumar Mittal, Hyd..
For Appellant: Shri Vikash ModiFor Respondent: Smt. V. Aparna
Section 142(1)Section 147Section 148Section 282(1)Section 50C
…for the assessee placed reliance upon the following decisions: i. CIT Vs. Smt. Phoolmati Devi [144 ITR 954] (All); ii. PN Sasikumar and others Vs. CIT [170 ITR 80] (Ker); iii. CIT Vs. Shital Prasad Karag Prasad [280 ITR 541] (All); iv. CIT Vs. Norton Motors [275 ITR 595] (P&H) 4. Ld. DR, on the other hand, supported the orders of the authorities below to submit that the department has taken steps to serve the notice on the assessee and since the notice was un-served, it was served by affixture at the address given by the assessees in their returns of income and therefore the notices are validly served. 5. Having…