Income Tax Appellate Tribunal - Hyderabad
Pushpalatha Chintala , Hyderabad vs Income Tax Officer, Ward-4(3), ... on 22 January, 2021
IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCHES : BENCH "A" HYDERABAD
(Through Video Conference)
BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
AND
SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER
I.T.A. No. 1875/Hyd./2018
A.Y. : 2008-09
Smt. C. Pushpalatha Vs. Income Tax Officer
Hyderabad Ward 4(3)
Hyderabad.
[PAN: BDEPC8043F]
(Appellant) (Respondent)
For Assessee: Sri K.K. Gupta, Adv.
For Revenue: Sri Sunil Kumar Pandey, D.R.
Date of Hearing : 20/01/2021
Date of Pronouncement : 22/01/2021
ORDER
PER BENCH This assessee's appeal for A.Y. 2008-09 arise from Commissioner of Income Tax (Appeals)-1 [CIT(A) in short] Hyderabad's order dated 15/05/2018 in case no. 0161/2018-19 involving proceedings u/s 154 of the Income Tax Act, 1961 (in short 'the Act').
Heard both the parties. Case file perused.
2. It transpired during the course of hearing that the assessee's main grievance canvassed in the instant appeal challenges correctness of lower authorities' action taking recourse to Section 154 rectification of the regular assessment framed; involving proceedings u/s 143(3) r.w.s. 148 of the Act on 30th March, 2016. The assessing authorities therein had invoked sec.50C of ITA No. 1875/Hyd/18 AY : 2008-09 Pushpalatha Chintala the Act to make long term capital gain addition which forms subject matter of the impugned rectification regarding correction of amount(s) only. The clinching fact that emerges during the course of hearing is that Assessing officer's rectification dated 27.7.2016 nowhere indicates that this assessee has been heard or provided adequate opportunity of hearing before the correction of the figure(s) involved in sec.50C mechanism. We therefore deem it appropriate to restore the assessee's grievance back to the Assessing Officer for this precise reason alone.
3. Learned counsel next informed us that assessee's main appeal along with other co-sharers challenging invoking of sec.50C in principle is pending before the tribunal and is posted for hearing on 17th May,2021. We therefore direct the Assessing officer to keep the impugned sec.154 rectification in abeyance till the above main appeal attains finality in tribunal. It is made clear that delay caused due to the same shall not be attributable to the department in any manner; whatsoever.
This assessee's appeal is allowed for statistical purposes in above terms. Pronounced in Open Court on 22nd January, 2021.
Sd/- Sd/-
(LAXMI PRASAD SAHU) (SATBEER SINGH GODARA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: the 22nd January, 2021.
* gmv
Copy of the Order forwarded to:
1. Smt. Pushpalatha Chintala C/o KK Gupta, Chartered Accountants, 3464, Dundo Vihar, R.P. Road, Secunderabad 500 003, Telangana.
2. ITO, Ward 4(3), Hyderabad.
3. ACIT, Range 4, Hyderabad
4. CIT(A)-1, Hyderabad.
5. Pr.CIT-1, Hyderabad
6. DR, ITAT, Hyderabad.
7. Guard File.
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