ACIT, Hyderabad V. M/s P&J Cretechem Pvt Limited, Hyderabad

ITA 1123/HYD/2010

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 6223 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 23-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K E SUNIL BABU
• Assessee Lawyers: SURESH KUMAR RATHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI AKBER BASHA, ACCOUNTANT MEMBER I.T.A. NO.1123HYD/2010 (ASSESSMENT YEAR 2006-07) THE ACIT, CIRCLE 16(3 HYDERABAD VS. M/S. P & J CRETECHEM PVT. LTD. HYDERABAD; PAN: AACCP9226G APPELLANT RESPONDENT APPELLANT BY: SMT. K.E. SUNIL BABU RESPONDENT BY: SHRI SURESH KUMAR RATHI O R D E R PER NRS GANESAN, JM: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-V, HYDERABAD DATED 14.6.2010 AND PERTAINS TO ASSESSMENT YEAR 2006-07. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS EXCLU SION OF FREIGHT CHARGES AND INSURANCE FROM THE TOTAL TURNOVER. WE HEARD SHRI K.E. SUNIL BABU, THE LEARNED DR AND SHRI SURESH KUMAR RA THI, THE LEARNED REPRESENTATIVE FOR THE ASSESSEE. DURING THE COURSE OF HEARING IT IS BROUGHT TO THE NOTICE OF THE BENCH BOTH BY THE LEAR NED DR AND THE LEARNED REPRESENTATIVE FOR THE ASSESSEE THAT AN IDE NTICAL ISSUE WAS CONSIDERED AND DECIDED BY THE SPECIAL BENCH OF THIS TRIBUNAL IN CHENNAI IN ITO VS. SAK SOFT LTD., 313 ITR (AT) 353. THE SPECIAL BENCH OF THIS TRIBUNAL FOUND THAT WHEN THE FREIGHT CHARGES AND INSURANCE WERE NOT INCLUDED IN THE EXPORT TURNOVER THE SAME SHOULD NOT BE INCLUDED IN THE TOTAL TURNOVER ALSO. THE CIT(A) AFTER FOLLOWING THE ORDER OF THE SPECIAL BENCH IN SAK SOFT LTD. (SUPRA) DIRECTED THE ASSESSING OFFICER TO DELETE THE FREIGHT AND INSURAN CE CHARGES FROM THE TOTAL TURNOVER ALSO. SINCE THE CIT(A) HAS FOLLOWED THE DECISION OF THE SPECIAL BENCH IN SAK SOFT LTD. (SUPRA), WE DO NOT F IND ANY INFIRMITY IN THE ORDER OF THE LOWER AUTHORITY. ACCORDINGLY THE SAME IS CONFIRMED. I.T.A. NO.1123/HYD/2010 M/S. P & J CRETECHEM PVT. LTD. ======================= 2 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11TH NOVEMBER, 2010. SD/- (AKBER BASHA) ACCOUNTANT MEMBER SD/- (N.R.S. GANESAN) JUDICIAL MEMBER HYDERABAD, DATED 11TH NOVEMBER, 2010 TPRAO COPY FORWARDED TO: 1. THE ASST. CIT, CIRCLE 16(3), 6 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 2. M/S. P & J CRETECHEM PVT. LTD., SHED NO. 42, PHA SE-II, IDA, MALLAPUR, HYDERABAD. 3. THE CIT(A)-V, HYDERABAD 4 THE CIT-IV, HYDERABAD 5. THE DR B BENCH, ITAT, HYDERABAD