Moldtek Packaging Ltd (formerly Mold-tek Plastics Ltd), Hyd, Hyderabad V. ACIT, Cirlce-16(2), Hyd, Hyderabad

ITA 498/HYD/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6331 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 07-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SITARAMA RAO
• Assessee Lawyers: K A SAI PRASAD
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA.NO.498/HYD/2016 ASSESSMENT YEAR 2008-2009 MOLDTEK PACKAGING LTD., (FORMERLY KNOWN AS MOLD- TEK PLASTICS LTD.,), HYDERABAD. PAN AABCT0845L VS., ACIT, CIRCLE-16(2) HYDERABAD. (APPLICANT (RESPONDENT) FOR ASSESSEE : MR. K.A. SAIPRASAD FOR REVENUE : MR. A. SITARAMA RAO DATE OF HEARING : 25.07.2016 DATE OF PRONOUNCEMENT : 29.07.2016 ORDER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y. 2008-09. I N THIS APPEAL, THE ASSESSEE IS MAINLY AGGRIEVED BY THE ORD ER OF THE CIT(A) IN PASSING AN ORDER WITHOUT GIVING CREDIT TO THE AD VANCE TAX, TDS AND OTHER TAXES REMITTED BY THE ASSESSEE AND ALSO I N NOT GRANTING REFUND LEGITIMATELY DUE TO THE ASSESSEE ALONG WITH INTEREST. 2. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASS ESSEE, HAS DRAWN OUR ATTENTION TO THE ORDER OF THE CIT(A) WHER EIN AT PARA-2, THE GROUNDS RAISED BY THE ASSESSEE BEFORE THE CIT(A ) HAVE BEEN 2 ITA.NO.498/HYD/2016 MOLDTEK PACKAGING LTD., HYDERABAD. REPRODUCED. HE HAS ALSO DRAWN OUR ATTENTION TO PARA -3.2 OF THE ORDER OF THE CIT(A) WHEREIN THE ONLY GROUNDS 2, 4, 5 HAVE BEEN ADJUDICATED WHEREAS ASSESSEES GRIEVANCES IN GROUND NOS. 6 TO 10 HAVE NOT BEEN CONSIDERED AT ALL. THEREFORE, THE LD. COUNSEL FOR THE ASSESSEE PLEADED THAT THE ISSUE MAY BE REMITTED TO THE FILE OF THE CIT(A) FOR ADJUDICATION. 3. THE L.D. D.R. WAS ALSO HEARD. 4. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE MATERIAL ON RECORD, WE FIND THAT THE CIT(A) HAS FAILED TO AD JUDICATE ALL THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE BEFORE HIM . IN VIEW OF THE SAME, WE FIND THAT THE APPEAL NEEDS TO BE REMANDED TO THE CIT(A). BUT, WE FIND THAT THE ADJUDICATION OF THE ISSUE IS POSSIBLE ONLY ON FACTUAL VERIFICATION OF THE DETAILS FURNISHED BY TH E ASSESSEE. IN VIEW OF THE SAME, INSTEAD OF REMANDING THE ISSUE TO THE FILE OF THE CIT(A), WE DEEM IT FIT AND PROPER TO REMIT THE ISSUE TO THE FILE OF THE A.O. WITH A DIRECTION TO VERIFY THE ASSESSEES CLAIM IN ACCORDANCE WITH LAW, AFTER GIVING A REASONABLE OPPORTUNITY OF BEING HEARD. 5. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29.07. 2016. SD/- SD/- (S. RIFAUR RAHMAN) (SMT. P. MADHAVI DEVI ) ACOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 29 TH JULY, 2016 VBP/- 3 ITA.NO.498/HYD/2016 MOLDTEK PACKAGING LTD., HYDERABAD. COPY TO : 1. MOLDTEK PACKAGING LTD., (FORMERLY KNOWN AS MOLD- TEK PLASTICS LTD.,) HYDERABAD. C/O. PRATURI AND SRIRAM, 3-6-220, 1 ST FLOOR, STREET NO.15, HIMAYATNAGAR, HYDERABAD 500 029. 2. THE ACIT, CIRCLE-16(2), I.T. TOWERS, HYDERABAD. 3. CIT(A)-IV, 2 ND FLOOR ANNEXE, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 500 004. 4. PR. CIT-IV, HYDERABAD. 5. D.R. ITAT A BENCH, HYDERABAD. 6. GUARD FILE