ITO, Ward-15(3), V. M/s Vipanchi Chit Funds Private Limited, Hyderabad

ITA 1/HYD/2014

• Counselvise Citation: 122514 RSA 2014
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-01-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 01-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITRA
• Assessee Lawyers: SHILPA MAINYAR
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO.1/HYD/2014 (ASSESSMENT YEARS 2006 - 07 TO 2009 - 10) INCOME TAX OFFICER WARD 15(3), HYDERABAD V/S. M/S. VIPANCHI CHIT FUNDS P VT. LTD., HYDERABAD. ( PAN - AAACV 8243 K) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJAT MITRA DR RESPONDENT BY : SMT. SHILPA MAINYAR DATE OF HEARING 08 .0 1 .201 5 DATE OF PRONOUNCEMENT 09.01.2015 O R D E R PER P.M.JAGTAP, ACCOUNTANT MEMBER: AGAINST A COMMON ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX(APPEALS) II, HYDERABAD DATED 3.10.2013 FOR FOUR ASSESSMENT YEARS, I.E. ASSESSMENT YEAR 2006 - 07 TO 2009 - 10, THE REVENUE HAS FILED THIS SINGLE APPEAL AS AGAINST SEPARATE APPEALS THAT SHOULD HAVE BEEN FILED BY THE REVENUE FOR EACH OF THE FOUR YEARS INVOLVED. A DEFECT NOTICE IN THIS REGARD HAS ALREADY BEEN ISSUED TO THE DEPARTM ENT ON 17.2.2014 POINTING OUT THAT SEPARATE APPEALS SHOULD BE FILED FOR EACH ASSESSMENT YEAR INVOLVED. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS INFORMED THAT THE DEPARTMENT IS IN THE PROCESS OF RECTIFYING THE DEFECT BY FILING FOUR SEPARATE APPEALS FOR THE RELEVANT ASSESSMENT YEARS. HE HAS ALSO INFORMED THAT THE DEPARTMEN T IS ALSO GOING TO MOVE APPLICATIONS FOR CONDONATION OF DELAY IN THE FILING OF SUCH APPEALS. HE, HOWEVER, HAS ACCEPTED THAT I TA NO. 1 /HYD/201 4 M/S. VIPANCHI CHIT FUNDS PVT. LTD., HYDERABAD. 2 THE PRESENT APPEAL FILED BY THE REVENUE, BEING DEFECTIVE, IS NOT MAINTAINABLE, AND THE SAME IS LIABLE TO BE DISMISSED. ACCORDINGLY, THIS APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ` `` ORDER PRONOUNCED IN THE COURT ON 9 TH JANUARY, 2015 SD/ - SD/ - ( ASHA VIJAYARAGHAVAN) ( P.M.JAGTAP ) JUDICIAL MEMBER ACCOUNTANT MEMBER DT/ - 9 TH JANUARY, 201 5 COPY FORWARDED TO: 1. M/S. VIPANCHI CHIT FUNDS P VT. LTD., FLAT NO.607, BABU KHAN ESTATE, BASHEERBAGH, HYDERABAD. 2 . INCOME TAX OFFICER WARD 15(3), HYDERABAD 3. 4. COMMISSIONER OF INCOME - TAX(APPEALS) II HYDERABAD COMMISSIONER OF INCOME - TAX I, HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S