Maytas-NCC JV, Hyderabad V. Dy. Commissioner of Income Tax , Circle-14(1), Hyderabad

ITA 572/Hyd/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0621 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-09-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 28-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRABHAT KUMAR GUPTADR
• Assessee Lawyers: S RAMA RAO
• Keywords: Condonation of delay

Judgement Text

ITA NO 572 OF 2018 MAYTAS NCC JV HYDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.572/HYD/2018 (ASSESSMENT YEAR: 2012-13) MAYTAS NCC J.V HYDERABAD PAN:AALFM2137 K VS DY. COMMISSIONER OF INCOME TAX, CIRCLE 14(1) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S. RAMA RAO FOR REVENUE : SHRI PRABHAT KUMAR GUPTA,DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2012-13 AGAIN ST THE ORDER OF THE CIT (A)-12, HYDERABAD, DATED, 05-0 6-201. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL : 1. THE ORDER OF THE LEARNED CIT (A) IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2. THE LEARNED CIT (A) ERRED IN CONFIRMING THE DISA LLOWANCE OF THE DEDUCTION CLAIMED U/S 80IA(4) OF THE I.T. AC T. 3. THE LEARNED CIT (A) OUGHT TO HAVE SEEN THAT THE AO DISALLOWED THE DEDUCTION CLAIMED U/S 80IA(4) OF THE I.T. ACT ON THE GROUND THAT THE APPELLANT IS A MERE WORK CONTRACTOR AND NOT A DEVELOPER WHICH WAS NOT ACCEPT ED BY THE HON'BLE CIT (A) FOR THE OTHER A.YS AND FOR THE YEAR UNDER CONSIDERATION. 4. THE LEARNED CIT (A) ERRED IN HOLDING THAT THE AP PELLANT IS NOT ENTITLED FOR DEDUCTION U/S 80IA(4) ON THE GROUN D THAT THE RETURN OF INCOME WAS NOT FILED WITHIN THE TIME ALLOWED DATE OF HEARING: 07.09.2018 DATE OF PRONOUNCEMENT: 1 4 . 0 9 .2018 ITA NO 572 OF 2018 MAYTAS NCC JV HYDERABAD. PAGE 2 OF 2 U/S 139(1) OF THE I.T. ACT WITHOUT PROVIDING OPPORT UNITY TO THE APPELLANT. 5. ANY OTHER GROUND OR GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS FILED APPL ICATION U/S 119 OF THE I.T. ACT BEFORE THE CBDT FOR CONDONATION OF DELAY IN FILING OF THE RETURN OF INCOME AND THEREFORE, SOUGH T TO WITHDRAW THE APPEAL FILED BEFORE US VIDE LETTER DATED 4.9.20 18. TAKING THE SAME INTO CONSIDERATION, THE ASSESSEES APPEAL IS D ISMISSED AS WITHDRAWN. 3. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH SEPTEMBER, 2018. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 14 TH SEPTEMBER, 2018. VINODAN/SPS COPY TO: 1 MAYTAS NCC JV, NCC HOUSE, OPP: DURGAM CHERUVU, MADHAPUR, HYDERABAD 500081 2 DY. CIT, CIRCLE 14(1) IT TOWERS, AC GUARDS, HY DERABAD 3 CIT (A) - 12, HYDERABAD 4 PR. CIT VI, HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER