TaxTMI 
TaxTMI 
2013 (12) TMI 465
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....re heard together, and the same are being disposed of with this common order for the sake of convenience. Assessee's Appeals:- ITA No.953/Hyd/2010 : Assessment Year 2006-07 ITA No.1332/Hyd/2010 : Assessment year 2007-08 2. These appeals are directed against the orders of the CIT(A) V, Hyderabad dated 1.4.2010 for assessment year 2006-07 and dated 5.8.2010 for assessment year 2007-08. 3. Effective grounds of the assessee in appeal ITA No.953/Hyd/2010 for assessment year 2006-07 read as follows- "1. The learned Commissioner of Income-tax(Appeals)-V Hyderabad has erred ion facts and in law. 2. The CIT(A) is not justified in holding that the assessee which is an association of person has earned any income chargeable to tax.....
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....ccordance with pre-tender Joint Venture Agreement (JVA) and not in accordance with the post-tender Supplementary Joint Venture Agreement. 8. The learned CIT(A) is not justified in not following the ratio of judgment of the Bombay High Court in the case of CIT V/s. British Drug Houses (India ) Private Limited (124 ITR 192) and of AAR in the case of VAN DO ORD ACZBV In Re (247 ITR 399). 9. ......" The grounds raised by the assessee in ITA No.1332/Hyd/2010 for assessment year 2007-08 are similar to the ones extracted above. 4. We heard both sides and perused the orders of the lower authorities and other material on record. The first and foremost issue to be considered in these appeals is whether any income accrued or arose to be as....
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....arned counsel for the assessee, Shri Raghavendra Rao, has also submitted in the paper-book the details of contract receipts and profit and loss account. He also reiterated that no income is earned by the JV and the income has arisen to the members individually. In the circumstances, we restore the issue to the file of the Assessing Officer to verify whether the corresponding incomes as per the allotment of JV agreements have been offered in the individual (constituents) hands and, if so, it cannot be taxed in the hands of the JV, namely, the assessee. Hence, the appeal of the assessee is allowed for statistical purposes." In consonance with the consistent view taken by the coordinate benches of the Tribunal in similar matters, we are inc....
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....004-05 ITA No.1432/Hyd/2010 : Assessment year 2003-04 7. These appeals are directed against the orders of the CIT(A) V, Hyderabad dated 27.8.2010 for assessment year 2003-04 and dated 9.4.2010 for assessment year 2004-05. 8. Effective grievance of the Revenue in these appeals is against the action of the CIT(A) in declaring the assessments made for the assessment years 2003-04 and 2004-05 as ab initio null and void, and accordingly allowing the appeals of the assessee. Grounds of the Revenue, common in both these appeals, as taken from ITA No.940/Hyd/2010 read as follows- "1. The Hon'ble CIT(A) erred in facts and in law in holding that the assessment order for the asst. year 2004005 was ab initio null and void. 2. The CIT(A) has....
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....there was none to receive the assessment order and it was only in 2008 that the new address was communicated by the assessee -new address being 65A, Ground Floor, R.R. Towers, Abids, Hyderabad (vide Annex-II). 8. ....." 9. Briefly stated, facts of the cae for the assessment year 2004- 05 are that the return for assessment year 2004-05 was filed on 1.11.2004, declaring 'nil' income. As against this, assessment was completed on a total income of Rs.85,20,010, after disallowing payments claimed to have been made to ILC of Rs.17,10,845 and PCL of Rs.68,09,163, vide order of assessment passed by ITO, Ward-7(1) Hyderabad dated 20.6.2005. Though the assessment order was signed on 20.6.2005, demand notice under S.156 dated 23.12.2008 was issu....
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....the DCIT Circle 16(3) and served on the assessee on 29.12.2008. The CIT(A) following his order for the assessment year 2004-05, held the assessment to be ab initio null and void. 12. We heard both sides and perused the orders of the Revenue authorities and other material available on record. It is an undisputed fact that the assessment orders under S.143(3) of the Act, making certain disallowances in respect of payments made to ILC and PCL, and determining the income of the assessee at Rs.6,93,365 for the assessment year 2003-04 and at Rs.85,20,010 for assessment year 2004-05, were signed by ITO Ward 7(1) Hyderabad on 20.6.2005, but the demand notices in terms of S.156 were signed by a different officer, viz. DCIT Circle 16(3) and not th....