ITO, Ward-2(2), Hyd, Hyderabad V. GM Infra Ventures Pvt.Ltd., Hyd, Hyderabad

ITA 1079/HYD/2015

• Counselvise Citation: 107922514 RSA 2015
• Duration Of Justice: 2 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 19-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU
• Keywords: Revenue expenditure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA.NO.1079/HYD/2015 ASSESSMENT YEARS 2009-2010 THE INCOME TAX OFFICER, WARD-2(2), HYDERABAD. VS. M/S. GM INFRA VENTURES P. LTD., HYDERABAD. PAN AACCG8644D (APPELLANT) (RESPONDENT) FOR REVENUE : MR. B. KURMI NAIDU FOR ASSESSEE : - NONE - DATE OF HEARING : 16.11.2015 DATE OF PRONOUNCEMENT : 16 .11.2015 ORDER PER D. MANMOHAN, V.P. THIS APPEAL, FILED BY THE REVENUE, IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. CIT(A)-2, HYDER ABAD AND IT PERTAINS TO THE A.Y. 2009-2010. FOLLOWING GR OUNDS WERE URGED BEFORE US. 1. THE CIT(A) ERRED IN LAW AND ON FACTS WHILE DECIDING THE ISSUES RAISED IN THE APPEAL. 2. WHETHER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) IS CORRECT IN HOLDING THAT THE ASSESSEE COMMENCED HIS BUSINESS DURING THE PREVIOUS YEAR ONLY ON THE BASIS OF ITAT DECISION IN THE CASE OF DAKSHIN SHELTERS PRIVATE LIMITED IN ITA 2 ITA.NO.1079/HYD/2015 M/S. GM INFRA VENTURES P. LTD., HYDERABAD. NO. 19831985/H/2011 DATED 04-05-2012 WHICH IS CLEARLY DISTINGUISHABLE ON FACTS FROM THE PRESEN T CASE. 3. WHETHER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE 'LEARNED CIT(A) IS CORRECT IN HOLDING THA T THE ADMINISTRATIVE EXPENSES INCURRED BY THE ASSESSEE ARE REVENUE EXPENDITURE WHILE THERE WAS NO BUSINESS OPERATION CONDUCTED BY THE ASSESSEE DURING THE PREVIOUS YEAR. 4. ANY OTHER GROUND(S) THAT MAY BE PRESSED/URGED DURING THE COURSE OF APPEAL. 2. THE MAIN PLEA OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN FOLLOWING THE DECISION OF THE ITAT IN THE CASE OF DAKSHIN SHELTERS P. LTD., IN ITA.NO.1983- 1985/HYD/2011 DATED 04.05.2012 WHICH IS DISTINGUISHABLE ON FACTS FROM THE PRESENT CASE. WHE N CALLED UPON TO EXPLAIN AS TO WHETHER THE FACTS WERE DIFFERENT/DISTINGUISHABLE, THE LD. D.R. COULD NOT P OINT OUT ANY DISTINGUISHING FACTORS AND THUS HAD NO OTHER ALTERNATIVE EXCEPT TO ADMIT THAT THE ISSUE HEREIN I S COVERED BY THE DECISION OF ITAT A BENCH, HYDERABA D IN THE CASE OF DAKSHIN SHELTERS P. LTD., (SUPRA). IN F ACT, THE LD. CIT(A) ACCEPTED THE PLEA OF THE ASSESSEE SINCE THE FACTS IN THE INSTANT CASE ARE IN LINE WITH THE FACT S AND THE FINAL RATIO LAID DOWN IN THE CASE OF DAKSHIN SHELTE RS P. LTD., (SUPRA). 3 ITA.NO.1079/HYD/2015 M/S. GM INFRA VENTURES P. LTD., HYDERABAD. 3. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THE ORDER PASSED BY T HE LD. CIT(A) DOES NOT CALL FOR ANY INTERFERENCE. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED, AS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (B. RAMAKOTAIAH) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDNET HYDERABAD, DATED 16 TH NOVEMBER, 2015 VBP/- COPY TO 1. THE INCOME TAX OFFICER, WARD - 2 (2), ROOM NO. 822 , BLOCK-B, 8 TH FLOOR, I.T. TOWERS, A.C. GUARDS, HYDERABAD 500 004. 2 . M/S. GM INFRA VENTURES P. LTD., 211, ADITYA TRADE CENTRE, AMEERPET, HYDERABAD 500 038. 3 . CIT(A) - 2, HYDERABAD. 4 . PR. CIT - 2, HYDERABAD. 5 . D.R. ITAT B BENCH, HYDERABAD 6 . GUARD FILE