Dy. Commissioner of Income Tax , Circle-16(1), Hyderabad V. Nova Integrated Systems Limited , Hyderabad

ITA 1414/Hyd/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2568 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2021
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 29-09-2021
• Assessment Year: 2016-2017
• Appeal Filed On: 13-09-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: CHINTAN GHELANI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH - A , HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 1414/HYD/2019 A.Y: 2016 - 17 DY. COMMISSIONER OF INCOME TAX, CIRCLE - 16(1), HYDERABAD. VS. M/S. NOVA INTEGRATED SYSTEMS LIMITED, PLOT NO.21, SY. NO.1/1, HARDWARE PARK, HYDERABAD - 501218. PAN: AACCH 0670 G (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI CHIN T AN GHELANI REVENUE BY: SHRI M. MAHIDHAR, DR DATE OF HEARING: 29/09/2021 DATE OF PRONOUNCEMENT: 07 /10/2021 ORDER PER A. MOHAN ALANKAMONY, AM THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT (A) - 4, HYDERABAD IN APPEAL NO.10339/2018 - 19/ACIT, CIR - 16(1) / CIT (A) - 4/HYD/19 - 20, DATED 28/06/2019 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE AY 2016 - 17. 2 2. THE REVENUE HAS RAISED TWO GROUNDS IN ITS APPEAL AND THEY ARE EXTRAC TED HEREIN BELOW FOR REFERENCE: 1. THE LD. CIT (A) ERRED IN DELETING THE ADDITION MADE BY THE AO IN THE LIGHT OF THE FACT THAT THE ASSESSEE IS NOT ELIGIBLE FOR DEDUCTION U/S 35(1)(IV) AS IT IS NOT ENTITLED FOR THE SAME ASSESSMENT YEAR IN QUESTION. 2. ANY OTHER GROUND THAT MAY BE RAISED AT THE TIME OF HEARING. 3. AT THE OUTSET, ON PERUSAL OF THE ORDER OF THE LD. CIT (A), WE FIND THAT THE LD. CIT (A) HAS REMITTED THE MATTER BACK TO THE FILE OF THE LD. AO FOR VERIFICATION FOR WHICH THE LD . CIT (A) HAS NO POWERS UNDER THE PROVISIONS OF THE ACT. THE LD. CIT (A) OUGHT TO HAVE OBTAINED A REMAND REPORT FROM THE LD. AO AND THEREAFTER PASS ED APPROPRIATE ORDER IN ACCORDANCE WITH LAW AND MERIT WHICH HE HAS FAILED TO DO SO. THEREFORE, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND TO EASE THE SITUATION , W E HEREBY REMIT THE ENTIRE MATTER BACK TO THE FILE OF THE LD. AO FOR FRESH CONSIDER ATION AND TO PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW AND MERIT AFTER CONSIDERING THE FINDINGS OF THE LD. CIT (A). 4. IN THE RESULT, APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES AS INDICATED HEREIN ABOVE. 3 ORDER PRONOUNCED IN THE OPEN COURT ON THE 07 TH OCTOBER, 2021. SD/ - SD/ - ( S.S. GODARA ) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD DATED 07 TH OCTOBER, 2021. OKK COPY TO: 1 DY. COMMISSIONER OF INCOME TAX, CIRCLE - 16(1), 1 ST FLOOR, B - BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD. 2 M/S. NOVA INTEGRATED SYSTEMS LIMITED, PLOT NO.21, SY. NO.1/1, HARDWARE PARK, HYDERABAD 501218. 3 THE COMMISSIONER OF INCOME TAX (APPEALS) - 4, HYDERABAD. 4 T HE PRINCIPAL COMMISSIONER OF INCOME TAX - 4, HYERABAD. 5 THE CIT - DR, ITAT, HYDERABAD . 6 GUARD FILE BY ORDER