DCIT, Circle-1(2), Hyderabad V. Central Power Distribution Co. of AP. Ltd, Hyderabad

ITA 177/HYD/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 82653 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2014
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 04-02-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: G APARNA RAO
• Assessee Lawyers: M CHANDRAMOULESWARA RAO
• Keywords: Depreciation; Bad and doubtful debts; Capital expenditure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A ', HYDERABAD BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO.177/HYD/2014 : ASSESSMENT YEAR 2008 - 09 ITA NO.149/HYD/2014 : ASSESSMENT YEAR 2009 - 10 DY. COMMISSIONER OF INCOME - TAX, CIRCLE 1(2), HYDERABAD V/S. M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD ( PAN - AACCC 0125 D) (APPELLANT) (RESPONDENT) AND ITA NO.184/HYD/2014 : ASSESSMENT YEAR 2008 - 09 ITA NO.185/HYD/2014 : ASSESSMENT YEAR 2009 - 10 M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD ( PAN - AACCC 0125 D) V/S. DY. COMMISSIONER OF INCOME - TAX, CIRCLE 1(2), HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI M. CHANDRAMOULESWARA RAO DEPARTMENT BY : SMT. G.APARNA RAO DATE OF HEARING 11 . 12 .2014 DATE OF PRONOUNCEMENT 24.12.2014 O R D E R PER P.M.JAGTAP, ACCOUNTANT MEMBER : THESE FOUR APPEALS, TWO FIL E D BY TH E ASSESSEE AND TWO FIL E D BY THE REVENUE, ARE CROSS APPEALS FOR ASSESSMENT YEAR 2008 - 09 AND 2009 - 10, AND SINCE ONE OF THE ISSUES INVOL V ED THEREIN IS COMMON, THE SAME HAVE BEEN HEARD TOGETHER AND ARE BEING DISPOSED OF BY A SINGLE CONSOLIDATED ORDER. ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 2 CROSS APPEALS FOR ASSESSMENT YEAR 2008 - 09 2. FIR S T WE SHALL TAKE UP TH E CROSS APPEALS FOR ASSESSMENT YEAR 2008 - 09, WHICH ARE DIRECTED AGAIN S T THE ORDER O F THE LEARNED COMMISSIONER OF INCOME - TAX(APPEALS) II, HYDERABAD DATED 18.11.2013 . THE SOLITARY ISSUE INVOLVED IN TH E S E APPEALS RELATES TO THE DISALLOWANCE OF RS.108.28 CRORES MADE B Y THE ASSESSING OFFICER ON ACCOUNT OF BAD DEBTS WHICH HAS BEEN SUSTAINED BY THE LEARNED COMMISSIONER OF INCOME - TAX(APPEALS) TO THE EXTENT OF R S . 89.45 CRORES. 3. THE ASSESSEE IN THE PRESENT CA S E IS A COMPANY OWNED BY THE ST ATE GOVERNM E N T OF ANDHRA PRADESH. IT IS ENGAGED IN TH E B U S IN E SS O F DISTRIB U TION OF ELECTRIC A L POWER. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION , I.E. ASSESSMENT YEAR 2008 - 0 9 WAS FIL E D BY IT ON 26.09.208 DECLARING A LOSS OF R S .11.96 CRORES. IN THE PROFIT & LOSS ACCOUNT FIL E D ALONGWITH THE SAID RETURN, A SUM OF R S .108.28 CRORES WAS CL A IM E D BY THE ASSESSEE UNDER THE HEAD O THER E XPENSES ON ACCOUNT O F PROVISION MADE FOR D OUBTFUL DEBTS. DU R I N G TH E COU R SE OF ASSESSMENT PROCEEDINGS, THE CLAIM MADE ON ACCOUNT OF DOUBTFUL DEBTS WAS SOUGHT TO B E SUBSTANTIATED BY THE ASSESSEE BY OFFERIN G THE FOLLO W IN G EXPLANATION, VIDE L E TTER DATED 15.12.2010 - PROVISION FOR DOUBTFUL DEBTS TO THE TUNE OF RS. 108.28 CRORES; THE ITEM INCLUDES I ) WHEELING CHARGES RS.89.45 CRORES II ) LT ARREARS RS.18.83 CRORES I ) WHEELING CHARGES RS.89.45 CRORES : WHEELING CHARGES ARE BEING LEVIED AS PART OF TARIFF TO THE HT CONSUMERS AND THE CONSUMERS HAVE DISPUTED AND CASES ARE PENDING IN HIGH COURT SINCE LONG TIME. THE MANAGEMENT HAS ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 3 ASSESSED AS DOUBTFUL REGARDING IS RECOVERY AND OPINED TO MAKE A PROVISION FOR DOUBTFUL DEBTS. II ) LT ARREARS RS.18.83 CRORES : THE AGEING ANALYSIS OF SUNDRY DEBTORS REVEALS THAT AN AMOUNT OF RS.18.83 CORES REPRESENTS THE ACCUMULATED ARREARS MORE THAN 5 YEARS. THE MANAGEMENT HAS ASSESSED AS DOUBTFUL REGARDING ITS RECOVERY AND OPINED T O MAKE A PROVISION FOR DOUBTFUL DEBTS. THE ABOVE EXPLANATION OF THE ASSESSEE WAS NO T FOUN D ACCEPTABLE BY THE ASSESSING OFFICER. ACCO RDI NG TO HIM, THE P R OVIS I ON MADE BY THE ASSESSEE FOR DOUBTFUL DEBTS WAS AN UNASCERTAINED LIABILITY AND IN THE ABSENCE O F A NY SATISFACTORY EXPL A NATIO N OFFERE D BY THE ASSESSEE AS TO HOW THE SAME REPR E SENTED AN ALLOWABLE EXPENDITURE FOR TH E YEAR UNDER CONSIDERATION , THE SAME WAS LIABLE TO BE DISALLOWED. ACCO RD INGLY, THE CLAIM O F THE ASSESSEE FOR DOUBTFUL DEBTS AMOUNTING TO RS .10 8.28 CORES WAS DISALLOWED BY THE ASSESSING OFFICER IN THE ASSESSMENT COMPLETED UN D ER S. 143 (3) VIDE ORDER DATED 29.12.2010. 4. AGAIN S T THE O R DER PASSED BY THE ASSESSING OFFICER UNDER S.143(3) , AN APPEAL WAS PREFERRED BY TH E ASSESSEE BEFORE THE LEARNED CIT (A), DISPUTING THE DISALLOWANCE MADE BY THE ASSESSING OFFICER ON AC C OUN T OF DOUBTFUL DEBTS. AFTER CONSIDERING THE SUBMI S SION S MADE BY THE ASSESSEE AND THE MATERIAL AVAILABLE ON RECORD, THE LEARNED CIT(A) HELD THAT AN AMOUNT OF RS.89. 45 CRORES REPR E SENTIN G OUTSTANDING WHEELING C HARGES WAS A RECOVERABLE DEMAND, AND THE SAME, TH E R E FORE, COULD NO T B E ALLOWED AS BAD DEBTS. AS REGARDS THE BALANCE AMOUNT O F R S .18.83 C R ORES REPRESENTING L T ARREARS, HE HELD THAT THIS AMOUNT WAS OUTSTANDING FOR MORE THAN FIVE Y E ARS , AND KEEPING IN VIEW THE DIFFICULTY IN R E COV E RING THE SAME, I T WAS ALLOWABLE AS BAD DEBT. ACCO RD INGLY, THE DISALLOWANCE OF R S .108.49 MADE BY THE ASSESSING OFFICER ON ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 4 ACCOUNT OF BAD DEBTS WAS RESTRICTED BY THE LEARNED CIT(A) TO RS.89.45 C R ORES. AGGRIEVED BY THE O R DER OF TH E LEARNED CIT(A), BOTH THE ASSESSEE AS WELL AS THE REVENUE ARE IN APPEAL BEFORE THE TRIBUNAL. 5. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. IN OUR OPINION, THE DECISION RENDERED BY THE LEARNED CIT(A) ON THE ISSUE OF ALLO W ABILIT Y OF ASSESSEE S CLAIM FOR DE D UC T ION ON ACCOUNT OF BAD DEBTS ON THE BASIS OF POSSIBILITY TO RECOVER OR NO T IS NOT IN CONSONANCE WITH TH E DECISION OF THE HON'BLE SUPREME COURT IN TH E CA S E OF TRF LIMI TE D V/S. CI T (3 2 3 ITR 397) . AS HELD BY THE HON'BLE APEX COU R T IN THE SAID DECISION, IT IS NOT NECESSARY FOR THE ASSESSEE AFTER THE AMENDMENT OF S.36 ( 1 ) ( VII) WITH EFFECT FROM 1.4.1989, TO ESTABLISH THAT THE RELEVANT DEBTS IN FACT HAVE BECOME IRRECOVERABLE, IN ORDER TO CLAIM DEDUC T ION ON ACCOUNT OF BAD DEBTS. AS FURTHER HELD BY THE HON'BLE A PEX C OU R T, IT IS ENOUGH I F THE BAD DEBT I S WRITTEN OFF AS I RRECOVERAB L E IN THE ACCOUNTS OF THE ASSESSEE. IN THIS REGARD, THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS RAISED THE PL E A THAT THE AMOUNT IN QU E STION REPR E SENT S PROVISION MADE BY THE ASSESSEE FOR BAD DEBTS, AND IT IS THUS NOT A CASE WHERE ASSESSEE CAN B E SAID TO H AVE WRITTEN O F F THE RELEVANT DEBTS AS IRRECO V ERABL E IN THE BOOKS OF AC C OUNT. THE LEARNED COUNSEL FOR THE ASSESSEE , HOW E VER, HAS SUBMI T TED T H A T EVEN THOUGH THE NOMENCLATURE USED BY THE ASSESSEE IS PROVISION FOR BAD AND DOUBTFUL DEBTS, TH E R ELEVANT DEBT S C LAIMED AS BAD HAVE ACTUALLY BEEN WRITTEN OFF AS IRR E CO V ERABLE IN THE BOOK S O F TH E ASSESSEE FOR THE YEAR UNDER CONSIDERATION . KEEPING IN VIEW THE SUBMI S SIONS MADE BY BOTH THE SIDES, WE CON S I D ER IT FAIR AND PROP E R T O R E STORE THIS ISSUE TO THE FILE O F THE ASSESSING OFFICER FOR THE LIMITED PURPOSE OF VERIFYING AS TO WHETH E R THE REL E VANT DEBTS CLAIMED AS BAD HAVE ACTUALLY BEEN WRITTEN OFF BY THE ASSESSEE IN ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 5 THE BOOKS OF ACCOUNT FOR THE YEAR UNDER CONSIDERATION AS IRRECO VE RABL E . IF IT I S FOUND ON SUCH VE RIFIC A TION THAT THE RELEVANT BAD DEBTS HAVE ACTUALLY BEEN WRITTEN OFF AS IRRECO V ERABL E BY THE ASSESSEE, THE ASSESSING OFFICER IS DIRECTED TO ALLO W THE CLAIM O F THE ASSESSEE FOR BAD DEBTS TO THAT EXTENT. THE ASSESSING OFFICER SHALL ACCORDINGLY RE DE CIDE TH IS ISSUE IN AC C ORDANCE WITH LAW AND AFTER GIVIN G SUFFICIENT OPPORTUNITY OF H E ARING TO THE ASSESSEE. 6. IN THE RESULT, CROSS APPEALS FOR ASSESSMENT YEAR 2008 - 09 ARE ALLOWED FOR STATISTICAL PURPOSES. CROSS APPEALS FOR ASSESSMENT YEAR 2009 - 10 : 7. NOW, WE SHALL TAKE UP THE CROSS APPEALS FOR ASSESSMENT YEAR 2009 - 10, WHICH ARE DIRECTED AGAINST THE ORDER OF THE LEARNED CIT(A) II, HYDERABAD DATED 4.11.2013. 8. AS REGARDS THE ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009 - 10, IT IS OBSERVED THAT THE SOL ITARY ISSUE INVOL V ED THEREIN REL A TING TO DISALLOWANCE OF R S .60 . 77 CRORES MADE BY TH E ASSESSING OFFICER AND CONFIRMED BY THE CIT(A) ON AC C OUN T O F DOUBTFUL DEBTS, REPR E SENTIN G AMOUNT DUE ON ACCOUNT OF W HEELING CHAR G ES IS SIMILAR TO THE ON E INVOLVED IN ASSES SEES OWN CA S E FOR ASSESSMENT YEAR 2008 - 09, WHICH HAS ALREADY BEEN DECIDED BY US IN THE FO RE G O ING PORTION OF THI S O RDE R. FOLLO W IN G OUR CON C LU S ION DRAWN IN ASSESSMENT YEAR 2008 - 09, WE HOLD THAT THE ACTION OF THE LEARNED CIT(A) IN DECIDING THE ALLOWABILITY O F ASSESSEES CLAIM FOR DEDUCTION ON ACCOUNT OF BAD DEBTS ON THE BASIS OF POSSIBILITY TO RECOVER OR NOT IS NOT IN CONSONANCE WITH THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE OF TRF LIMITED V/S. CIT (323 ITR 397) . KEEPING IN VIEW THE SUBMISSIONS MADE BY BOTH THE SIDES , WHICH ARE SIMILAR TO THE ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 6 ONES MADE FOR THE ASSESSMENT YEAR 2008 - 09 AND DISCUSSED ABOVE , WE CONSIDER IT FAIR AND PROPER TO RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR THE LIMITED PURPOSE OF VERIFYING AS TO WHETHER TH E RELEVANT DEBTS CLAIMED AS BAD HAVE ACTUALLY BEEN WRITTEN OFF BY THE ASSESSEE IN THE BOOKS OF ACCOUNT FOR THE YEAR UNDER CONSIDERATION AS IRRECOVERABLE. IF IT IS FOUND ON SUCH VERIFICATION THAT THE RELEVANT BAD DEBTS HAVE ACTUALLY BEEN WRITTEN OFF AS IRR ECOVERABLE BY THE ASSESSEE, THE ASSESSING OFFICER IS DIRECTED TO ALLOW THE CLAIM OF THE ASSESSEE FOR BAD DEBTS TO THAT EXTENT. THE ASSESSING OFFICER SHALL ACCORDINGLY REDECIDE THIS ISSUE IN ACCORDANCE WITH LAW AND AFTER GIVING REASONABLE OPPORTUNITY OF HEA RING TO THE ASSESSEE. 9. IN THE RESULT, ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009 - 10 IS ALLOWED FOR STATISTICAL PURPOSES. 10 . IN ITS APPEAL FOR ASSESSMENT YEAR 2009 - 10, THE REVENUE HAS RAISED THE FOLLOWING GROUNDS - I . THE ORDER OF THE CIT(A) IS ERRONEO US ON FACTS AND LAW. II . THE LD. CIT(A) ERRED IN HOLDING THAT BAD DEBTS CANNOT BE CONSIDERED FOR DISALLOWANCE FOR THE PURPOSE OF MAT PROVISIONS AND OUGHT TO HAVE APPRECIATED THE TREATMENT FOR CALCULATING TAX ON THE BOOK PROFIT U/S. S.115JB. III . THE LD. CIT(A) ER RED IN GRANTING 100% DEPRECIATION ON ASSETS WHOSE VALUE IS BELOW RS.5000/ - WITHOUT CONSIDERING THE FACT THAT THERE IS NO SUCH PROVISION IN THE INCOME TAX ACT, 1961. IV . ANY OTHER GROUND THAT MAY BE URGED AT THE TIME OF H E ARING. ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 7 OUT OF THE FOUR GROUNDS RAISED BY THE R E VENUE, GROUNDS NO.1 AND 4 ARE GENERAL IN NATURE, REQUIRING NO SPECIFIC ADJU D I C ATION. 11. AS RE G ARDS THE ISSUE INVOL VE D IN GROUND NO.2, RELATING TO THE DISALLOWANCE TO BE MADE ON ACCOUNT O F B A D DEBTS, WHIL E CALCULATING THE BOOK PROFIT O F TH E ASSESSEE COMPANY UNDER S.115JB OF TH E ACT, IT IS TO B E NOTED THAT THE ISSUE REL A TIN G TO DISALLOWANCE OF BAD DEBTS, WHILE COMPUTING THE INCOME OF THE ASSESSEE UNDER THE NORMAL PROVISIO N S O F THE ACT HAS ALREADY B E EN RESTORED BY US TO TH E FILE O F THE ASSESSING OFFICER, WHIL E DISPOSING OFF THE APP E AL O F TH E ASSESSEE FOR ASSESSMENT YEAR 2009 - 10 FOR T H E LIMI T ED PURPOSE OF VERIFYING AS TO WHETHER THE RELE V ANT DEBT S CLAIMED BY THE ASSESSEE AS BAD HAVE ALREADY BEEN WRITTEN O F F IN THE BOOKS OF AC C OUN T AS IRRECOVERABLE. IN OUR OPINION, TH IS ASPECT HAS A DIRECT B E ARING ON THE ISSUE INVOLVED IN G R OUN D NO.2 OF THE R E VENUES APPEAL IN A S MUCH A S IF THE RELE V AN T DEBT S CL A IM E D TO BE BAD BY THE ASSESSEE, ARE FOUND TO HAVE BEEN WRITTEN OFF IN TH E BOOKS O F ACCOUN T AS RECOVERABLE, NO DISALLOWANCE CAN B E MADE ON AC C OUNT O F B AD DEBTS WRITTEN O F F EITHER WHILE COMPU T IN G THE INCOME O F TH E ASSESSEE UNDER THE NORMAL P R OVIS I ON S OF TH E ACT OR EVEN FOR C O MPUTIN G THE BO O K PROFIT OF TH E ASSESSEE UNDER S.1 1 5JB OF THE AC T. ON TH E OTH E R HAND, I F IT I S FOUND THAT THE AMOUNT IN QU E STION REPRESENTED ONLY TH E P R O VI SION M A D E BY TH E ASSESSEE FOR BAD AND DOUBTFUL DEBTS, WITHOUT ACTUALLY WRITING O F F THE RELEVANT DEBTS AS IRRECOVERABLE IN THE BOOKS OF ACCOUNT , THE SAME IS LIABLE TO BE DI SALLOWED AND AD D ED BACK WHILE COMPUTING THE BOOK P R O F IT O F THE ASSESSEE U N D ER S.115JB, AS PER CLAUS E ( I) OF EXPLANATION 1 UN D ER S.115JB, BEING THE AMOUNT SET APART AS PROVISION F O R DIMINUTION IN THE VALUE O F THE ASSET. W E TH E R E FORE , RESTORE THIS ISSUE ALSO TO THE FILE O F TH E ASSESSING OFFICER FOR DECI DI NG THE SAME AFRESH IN ACCORDANCE WITH LAW AFTER GIVING SUFFICIENT OPPORTUNITY OF H EAR ING TO THE ASSESSEE. GROUN D NO2 O F THE ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 8 REVENUES APPEAL FOR ASSESSMENT YEAR 2009 - 10 IS ACCORDINGLY TREATED AS ALLOWED FOR STATISTICAL PURPOSES. 12. AS REGARDS THE ISSUE INVOLVED IN GROUND NO.3 OF THE R E V E NUES APPEAL , IT IS OB S ER V ED THAT THE SAME HAS BEEN DECIDED BY THE LEARNED CIT(A) IN PARAGRAPH NO.8 OF HER IMPUGNED ORDER AS UNDER - 8. THE THIRD GROUND OF APPEAL IS DISALLOWANCE OF AMOUNT OF FIXED ASSETS WRITTEN OFF OF RS.4,49,635/ - . THE ASSESSING OFFICER DISALLOWED THIS AMOUN T BY HOL D ING THE SAME AS CAPITAL EXPENDITURE. 8.1 IT WAS EXPLAINED BY THE APPELLANT THAT ALL THESE ITEMS REPRESENT SMALL S PARES OF LESS THAN RS.5,000/ - AND WHICH WERE CLAIMED AS LO S S IN PROFIT & LOSS ACCOUNT. IT WAS FUR T H E R SUBMITTED THAT SUCH WRITTEN O F F ITEMS DID NOT FORM PART OF FIXED AS S ETS SCHEDULE. 8 . 2. IN VIEW OF THE EXPLANATION SUBMITTED BY TH E AUTHORISED REPRESENT ATIVE, THE ASSESSING OFFICER IS DIRECTED TO VERIFY AND ALLOW EXPENDITURE I F EACH ITEM IS LESS THAN RS.5,000/ - . TH E R E FORE, THI S GROUN D O F APP E AL IS PARTLY ALLOWED. . AS IT IS CLEARLY EVIDENT F R OM THE RELE V ANT PO R TION OF TH E IMPU G N E D ORD E R O F TH E LEARNED CIT(A) REPRODUCED ABOVE, IT IS NOT A CASE OF GRANTING 100% DEPR E CIATION ON ASS E TS HAVING VALUE BELOW RS.5,000 AS MADE OUT BY THE REV ENUE IN ITS GROUND. AS A MATTER OF FACT, THE ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 9 CA S E OF THE ASSESSEE BEFORE THE LEARNED CIT(A) WAS THAT THE AMOUNT IN QUESTION REPR E SENTED SMALL SPARES WORTH LESS THAN RS . 5,000 PU R CH AS ED DURING T H E YEAR UNDER CONSIDERATION , AND THE LEARNED CIT(A) DIRECTED THE ASSESSING OFFICER TO VERIFY THIS CL A IM O F TH E ASSESSEE AND ALLOW APPROPRIATE RELI E F. REV E NU E THUS, CANNO T BE SAID TO HAVE ANY GRIE V ANCE ON THIS ISSUE ARISING F R OM THE IMPU G N E D ORDER OF THE LEARNED CIT(A), AS PROJECTED IN GROUND NO.3, AND THERE BEIN G NO INFIRMITY IN TH E IMPU G N E D ORDER O F TH E LEARNED CIT(A) ON THIS ISSUE, WE FIN D NO MERIT IN GROUND NO.3 RAISED BY TH E R E VENUE. THE SAME IS ACCO RD I N GLY DISMISSED. 13. IN THE RESULT, REVENUES APPEAL FOR ASSESSMENT YEAR 2009 - 10 IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. 14. TO SUM UP - ( A ) CROSS APPEALS FOR THE ASSESSMENT YEAR 2008 - 09 ARE ALLOWED FOR STATISTICAL PURPOSES . ( B ) OUT OF THE C R OSS APPEALS FOR ASSESSMENT YEAR 2009 - 10, ASSESSEES APPEAL I S ALLOWED FOR STATISTICAL PURPOSES, AND THE REV ENUES APPEAL IS PARTLY ALLOWED FOR STATI S TICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 24TH DECEMBER, 2014 SD/ - SD/ - ( ASHA VIJAYARAGHAVAN) ( P.M.JAGTAP ) JUDICIAL MEMBER ACCOUNTANT MEMBER DT/ - 24 TH DECEMBER, 2014 ITA N O. 177/HYD/2014 & THREE OTHERS M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., HYDERABAD 10 COPY FORWARDED TO: 1. M/S. CENTRAL POWER DISTRIBUTION CO. OF A.P. LTD., CORPORATE OFFICE, 6 - 1 - 50, MINT COMPOUND, HYDERABAD - 500 060 2 . DY. COMMISSIONER OF INCOME - TAX CIRCLE 1(2) HYDERABAD 3 . COMMISSIONER OF INCOME - TAX(APPEALS) II , HYDERABAD 4 . 5 . COMMISSIONER OF INCOME - TAX I , HYDERABAD DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S