Itta/351/2019 Of Principal Commissioner Of Income Tax-6 v. M/S. Chillara Kalyan

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD WEDNESDAY, THE FIRST DAY OF NOVEMBERTWO THOUSAND AND TWENTY THREE PRESENT I [3386I] THE HON'BLE SRI JUSTICE P.SAM KOSHYAND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETW INCOME TAX TRIBUNAL APPEAL No: 351 of 2019 lncome Tax Tribunal Appeal Under Section 260,4 of the lncome Tax Act,1961 arising out of the order of the lncome Tax Appellate Tribunal, HyderabadBench ' A ' Hyderabad in l.T.A. No.137lHyd/20'16, for assessment Year 2010-11dated:31-01-2019 prefered against the Order of the Commissioner of lncome Tax(Appeals)-6, Hyderabad ITA No.1513/2014-15lClT (A)-6/15-16, dated:13-1 1-20'15,preferred against the Order of the Assistant Commissioner of lncome-Tax, Circle-13('l ), Hyderabad PAN/GIR No. ACSPC 2026Q dated 28-03-2014. Between: Principal Commissioner of lncome Tax-6, Hyderabad. ...Appellant AND Sri Chillara Kalyan, Plot No.332, House No.G1, Somnath Residency, Phase-lll,Kamalapuri Colony, Hyderabad. ...Respondent Counsel for the Appellant: SRI J.V. PRASAD, SC FOR INCOME TAX appearingfor SRI K. RAJI REDDY, Sr. SC FOR lT DEPARTMENT Counsel for the Respondent: SRI CHALLA GUNARANJANThe Court delivered the following: JUDGMENT If THE HON'BLE SRI WSTICE P.SAM KOSI{YANDTHE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY I.T.T.A. No. 351 of2019 WDGMENT:(per Hon'bte Si Justice P.SAM KOSHfl) Heard Sri J.V. Prasad, learned Senior Standing Counsel appearing for the appellant and Sri Challa Gunaranjan, learnedcounsel appearing for the respondent.counsel appearing for the respondent. 2. The challenge in the present appeal is primarily questioning the order of the ITAT in aflirming the order of CIT(appeals) in accepting the subsisting liability on the Assessee, sofar as return of Rs.7.OO crores is concerned, even when theAssessee did not in fact return the amount. The said amount ofRs.7.O0 crores was a payment to be made in terms of thearbitration award, which has been affirmed even in appeal bythe High Court and which now has also been settled before theRs.7.O0 crores was a payment to be made in terms of thearbitration award, which has been affirmed even in appeal bythe High Court and which now has also been settled before theHon'ble Supreme Court in S.L.A.Nos.2B604 and 2g605 of 2OLg,decided on 1O.O4.2O22.decided on 1O.O4.2O22. 3. In view of the fact that the Assessee has been view of the fact that the Assessee has been of the fact that the Assessee has been fact that the Assessee has been that the Assessee has been the Assessee has been Assessee has been has been been ordered topay Rs.7.O0 crores to the developer and the same has alreadybeen paid by the Assessee and the proof of payment is alsobrought on record, hence, the finding of the ITAT does not In view of the fact that the Assessee has been view of the fact that the Assessee has been of the fact that the Assessee has been fact that the Assessee has been that the Assessee has been the Assessee has been Assessee has been has been been ordered to tI \ interference' [Therefore, ][nothing ][remains ][in ][the]warrant any matter for adjudication. [Accordingly, the ][appeal ][is ][closed' ][There]shall be no [order ][as ][to costs.] Consequently, [miscellaneous ][petitions pending' ][if ][any'] shall stand closed. "''is'':::?n_ //TRUE COPY// To, 1. The lncome The lncome [[Tax ]][Appellate Tribunal' Hyderabad ][Bench ]['A'Hyderabad] 1. The lncome The lncome [[Tax ]],. iii; C;fussionei [of lncome ][Tax ][(Appeals)-6' ][Circle- ][Hvderabad'][1 ],. iii; C;fussionei [of lncome ][Tax ][(Appeals)-6' ][Circle- ][Hvderabad'][1 ] i. in" n..i.t, [ni ][Comm ][issionei ][of ] [ncomb-Tax, ][_1 ][3( ][[1 ]][), ][HVd9r9^b9!r^.][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] Consequently, [miscellaneous ][petitions pending' ][if ][any'] shall stand closed. "''is'':::?n_ //TRUE COPY// To, 1. The lncome The lncome [[Tax ]][Appellate Tribunal' Hyderabad ][Bench ]['A'Hyderabad] 1. The lncome The lncome [[Tax ]],. iii; C;fussionei [of lncome ][Tax ][(Appeals)-6' ][Circle- ][Hvderabad'][1 ],. iii; C;fussionei [of lncome ][Tax ][(Appeals)-6' ][Circle- ][Hvderabad'][1 ] i. in" n..i.t, [ni ][Comm ][issionei ][of ] [ncomb-Tax, ][_1 ][3( ][[1 ]][), ][HVd9r9^b9!r^.][ ][ ][ ][ ][ ][ ][ ][ ][ ][ ] 4. ONE CC [[tO ] ][ ][K. ] [NiOOV, ][ST. ][ ][ ][ ][ ][ ] ONE CC CC [[tO ] ][ ];. o;; cc [i" ][sdr ][cHALLA GUNARANJAN' ][Advocate ][[oPUc]] 6. Two [CD CoPies] N"'- kam HIGH COURT PSK, J &LNA, J DATED:0111112023 JUDGMENT!TTA.No.3S1 of 2019 THE APPEALIS CLOSED .1N\^{)\ 5\[1k\'i ][STAf][€]ok($('t)1 i DEI 2023oz!'. i r.diCk\E,J[*]