DCIT, Circle-1(3), Hyderabad V. M/s Farmachem SA India P Ltd., Hyderabad

ITA 1438/HYD/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5848 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 20-12-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 01-09-2014
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN
• Assessee Lawyers: K A SAI PRASAD

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 1438/HYD/2014 ASSESSMENT YEAR: 2007-08 DCIT, CIRCLE-1(3), HYDERABAD VS. M/S FARMACHEM SA INDIA PVT LTD., HYDERABAD PAN AAFCA8949L (APPELLANT) (RESPONDENT) REVENUE BY : SMT U. MINI CHANDRAN ASSESSEE BY : SHRI K.A. SAI PRASAD DATE OF HEARING : 20-12-2016 DATE OF PRONOUNCEMENT : 30-12-2016 ORDER PER P. MADHAVI DEVI, J.M.: THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL ALONG WITH FORM NO. 36: 1. THE ORDER OF THE LEARNED CIT(A) IS ERRONEOUS ON FACTS AND LAW. 2. THE LEARNED CIT(A) IGNORED THE FACT THAT THE TPO HAS ALREADY GIVEN JUSTIFICATION FOR CHANGING THE METHOD TO BE A DOPTED. 3. THE CIT(A) ERRED IN NOTICING THE CASE RELIED IN THE CASE OF M/S. MISSIONPHARMA LOGISTICS (INDIA) PVT LTD (36 TA XMAN 372) SPEAKS OF IMMEDIATE PRECEDING YEARS WITH IS NOT THE FACT IN THE INSTANT CASE. 4. ANY OTHER GROUND THAT MAY BE URGED AT THE TIME O F HEARING. 2. ON 07-09-2015, WHEN THE MATTER HAD COME UP FOR HEARING, IT WAS BROUGHT TO THE NOTICE OF THE BENCH THAT THE GROUNDS RAISED BY THE REVENUE ARE NOT ARISING OUT O F THE ASSESSMENT ORDER FOR RELEVANT A.Y. IN THE ASSESSEE S CASE. AT THAT POINT OF TIME, THE LD DR HAD SOUGHT TIME T O FILE 2 ITA NO. 1438/HYD/2014 M/S FARMACHEM SA INDIA PVT LTD., HYDERABAD . REVISED GROUNDS OF APPEAL AND THE APPEAL WAS ADJOUR NED TO 29-12-2015. HOWEVER, BENCH DID NOT FUNCTION ON 29-1 2- 2015, AND THEREFORE, THE APPEAL WAS ADJOURNED TO 0 6-04- 2015. ON 06-04-2015 ALSO, THE APPEAL WAS ADJOURNED TO 21-09-2016 AT THE REQUEST OF THE LD. DR. AND A FINA L OPPORTUNITY WAS GIVEN TO LD. DR TO FILE THE REVISED GROUNDS OF APPEAL. HOWEVER, TILL DATE, THE REVISED GROUNDS OF APPEAL HAVE NOT BEEN FILED. TODAY ALSO, THE LD. DR HAS SO UGHT FURTHER TIME, BUT, SINCE, SUFFICIENT TIME WAS GIVEN , WE ARE NOT INCLINED TO GRANT FURTHER TIME TO THE REVENUE A S THE GROUNDS RAISED BEFORE US ARE NOT EMANATING FROM THE ASSESSMENT ORDER, WE DO NOT SEE ANY POSSIBILITY OF ADJUDICATING THE SAME. THE REVENUES APPEAL IS ACC ORDINGLY DISMISSED AS NOT MAINTAINABLE. 2. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . PRONOUNCED IN THE OPEN COURT ON 30 TH DECEMBER, 2016. SD/- SD/- (B.RAMAKOTAIAH) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 30 TH DECEMBER, 2016 KRK 1) M/S. FARMACHEM SA INDIA PVT LTD, FLAT NO. 607, SAPTAGIRI TOWERS, 1-10-75/1/1 TO 6, BEGUMPET, HYD. 2) DY. CIT, CIRCLE 1(3) HYDERABAD. 3) CIT -5, HYDERABAD 4) ACIT, RANGE-1 HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD. 6) GUARD FILE