TMI Blog2013 (12) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue for a number of years particularly when the Assessing Officer in the assessment order for the assessment year 2006-07 takes the same view by terming it erroneous as the respondent is able to demonstrate a change in circumstances in the said assessment year - Decided in favour of assessee. - ITA. No. 592 & 593/Hyd/2013 - - - Dated:- 20-12-2013 - Shri Chandra Poojari And Smt. Asha Vijayaraghavan,JJ. For the Appellant : Shri T. Chaitanya Kumar For the Respondent : Shri D. Sudhakar Rao ORDER Per Smt. Asha Vijayaraghavan, J.M. These appeals are filed by the assessee against the Order passed under section 263 of the Income Tax Act, 1961 by the Commissioner of Income Tax (Central), Hyderabad for the assessment years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 153A of the I.T. Act on 30.12.2009 determining the total income of Rs.3,15,39,100/-. Later, the Commissioner of Income Tax (Central), Hyderabad issued show cause notice under section 263 of the Income Tax Act, on 16.02.2012 requiring the assessee to explain about the depreciation claimed on commercial vehicles and electrical fittings. In reply, the assessee submitted a detailed explanation before the Commissioner of Income Tax (Central), Hyderabad. However, the Commissioner of Income Tax (Central) did not accept the contention of the assessee and passed an order under section 263 of the I.T. Act on 12.03.2012, setting aside the assessment made by the A.O. with a direction to re-do the same after examining the claim of higher rate of depre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed contesting the order u/s. 263 of the I.T. Act. The petitioner humbly submits that the delay is for the reasons submitted above is not intentional. The petitioner, therefore, prays that the Hon'ble ITAT to kindly condone the delay and pass appropriate orders in the matter." 5. A similar sworn affidavit as also filed in ITA.No.593/Hyd/2013 wherein the delay is of 416 days. 6. We are convinced with the reasons filed by the assessee and we, therefore, condone the delay in filing the present appeals and admit the same. 7. During the course of hearing, the learned Counsel for the assessee Shri T. Chaitanya Kumar submitted that the learned Commissioner erred in not considering the fact that the vehicles were used for transportation. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd therefore, the Commissioner of Income Tax was incorrect in assuming jurisdiction under section 263 of the I.T. Act, 1961. Further, the jurisdictional High Court in the case of Spectra Shares Scrips Pvt. Ltd. vs. CIT-III (2013) 354 ITR 35 (AP) (HC) observed that consistency in the assessment proceedings have to be adhered to. The relevant observations in the case of Spectra Shares Scrips Pvt. Ltd. (supra) are as under : "48. ............In Radhasoami Satsang (12 Supra), the Supreme Court held at page-329 as follows: "We are aware of the fact that, strictly speaking, res judicata does not apply to income-tax proceedings. Again, each assessment year being a unit, what is decided in one year may not apply in the following year but wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a fact one way or the other and the parties have allowed that position to be sustained by not challenging the order, it would not be at all appropriate to allow the position to be changed in a subsequent year. Similar view was taken by the Mumbai High Court in Darius Pandole (10 Supra) and in Gopal Purohit (11 Supra). The decision of the Mumbai High Court in Gopal Purohit (11 Supra) was upheld by the Supreme Court in CIT Vs. Gopal Purohit, dated 15-11-2010 in SLP (Civil) No.32891 of 2010. 50. In view of the above, we hold that the respondent cannot under Sec.263 interfere on an issue which has been accepted by the Revenue for a number of years particularly when the Assessing Officer in the assessment order for the assessment year 2006-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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