Appeal details
Counselvise Citation
[2021] 107 COUNSELVISE.COM (IT) 8057 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 9 month(s) 28 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
23-08-2021
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
DB-A
Next Hearing Date
05-07-2021
Assessment Year
2014-2015
Appeal Filed On
25-10-2019
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 1573 /HYD/201 9 (ASSESSMENT YEAR : 201 4 - 15 ) DY. COMMISSIONER OF INCOME TAX, CIRCLE 3(2), HYDERABAD. VS. M/S. SUPER AGRISEEDS PVT. LTD., HYDERABAD. PAN AAICS 0900J APPELLANT RESPONDENT APPELLANT BY : SHRI LAKKA BHUSHANAM (D.R.) RESPONDENT BY : NONE. DATE OF HEARING : 5.7. 2021. DATE OF PRONOUNCEMENT : 23 .08. 2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 2014 - 15 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 9 , HYDERABAD S ORDER DT. 25.07. 2019 PASSED IN CASE NO. 10425/CIT(A) - 9/HYD/2018 - 19 IN PROCEEDINGS UNDER SECTION 14 4 OF INCOME TAX ACT, 1961 (THE ACT). 2 ITA NO. 1573/HYD/2019 HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2. COMING TO THE REVENUES SOLE SUBSTANTIVE GROUNDS THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN HOLDING THAT THE ASSESSEE IS ENTITLED FOR 10(1) EXEMPTION OF ITS INCOME DERIVED FROM SALE OF AGRICULTURE PRODUCE; BOTH THE LEARNED REPRESENTATIVES TOOK US TO DETAILED LOWER APPELLATE DISCUSSION TO THIS EFFECT READING AS UNDER : ----- SPACE LEFT INTENTIONALLY ----- 3 ITA NO. 1573/HYD/2019 4 ITA NO. 1573/HYD/2019 5 ITA NO. 1573/HYD/2019 6 ITA NO. 1573/HYD/2019 7 ITA NO. 1573/HYD/2019 8 ITA NO. 1573/HYD/2019 3. SUFFICE TO SAY, IT HAS COME ON RECORD THAT THIS TRIBUNALS CO - ORDINATE BENCH ORDER IN ASSESSEE'S CASE (ITA NO. 909/HYD/2015 ) ITSELF HAS SETTLED THE ISSUE THAT SUCH AN INCOME DERIVED FROM AGRICULTURAL OPERATIONS IS ENTITLED FOR SECTION 10(1) EXEMPTION. NO DISTINCTION O N FACTS OR LAW HAS COME REVENUES SIDE. WE THEREFORE ADOPT JUDICIAL CONSISTENCY TO CONFIRM THE CIT(A)S ORDER. 9 ITA NO. 1573/HYD/2019 NO OTHER GROUND HAS BEEN PRESSED BEFORE US. 4. THIS REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23RD AUG., 2021. SD/ - SD/ - (LAXMI PRASAD SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 23 .08 .2021. * REDDY GP COPY TO : 1. M/S. SUPER AGRISEEDS PVT. LTD., 8 - 3 - 1503, 5 TH FLOOR, AAKASH GANGA, PLOT NO.144, SRINAGAR COLONY, HYDERABAD - 500 073 2. DCIT, CIRCLE 3(2), HYDERABAD. 3. PR. C I T - 3 , HYDERABAD. 4. CIT(APPEALS) - 9, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.
