The Sirpur Paper Mills Ltd., Hyd, Hyderabad V. ACIT, Circle-2(3), Hyd, Hyderabad

ITA 735/Hyd/2016

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0587 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: misc
• Appeal Filed On: 17-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”, HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER I.T.A. No. 735/HYD/2016 Assessment Year: 1979-80 M/s. Sirpur Paper Mills Ltd., HYDERABAD [PAN: AAACT7970R] Vs The Asst. Commissioner of Income Tax, Circle-2(3), HYDERABAD (Appellant) (Respondent) For Assessee : NONE For Revenue : Smt. S. Narasamma, CIT-DR Date of Hearing : 22-08-2017 Date of Pronouncement : 22-08-2017 O R D E R PER D. MANMOHAN, Vice-President: This appeal by the assessee-company is directed against the order passed by the Commissioner of Income Tax (Appeals)-9, Hyderabad and it pertains to AY. 1979-80. The following grounds were urged before us: “On the facts and in the circumstances of the case and in law the Ld.CIT(A) erred in confirming the following actions of the Assessing Officer: 1. In ignoring the mandate of the Hon'ble Supreme Court in Modi Industries Limited by not granting interest on interest while passing the consequential appeal effect order; 2. In charging interest u/s. 234D of the I.T. Act while giving effect to the consequential order dated 15.10.2014. I.T.A. No. 735/Hyd/2016 :- 2 -: Both the above actions being arbitrary, misconceived, erroneous and untenable must be quashed with directions for appropriate relief”. 2. None appeared on behalf of the assessee. We have heard the Ld.DR and carefully perused the record. It appears that there is a direction issued by the Hon'ble Supreme Court which was scrupulously being followed by the AO as well as the CIT(A). In order to contradict the findings/conclusions reached by the AO as well as the CIT(A), the burden is upon the assessee to place the required material to enable us to appreciate the specific directions issued by the Hon'ble Supreme Court and the specific plea urged before the tax authorities. No doubt, the Ld.DR has not come fully prepared but the fact remains that the appeal being filed by the assessee-company, in the absence of any material placed on record to contradict the findings of the tax authorities, we have no other alternative, except to dismiss the appeal filed by the assessee. 3. However, the assessee is at liberty to move an appropriate application for recalling of the order, if so warranted. With these observations, the appeal of assessee is dismissed. Order pronounced in the open court on 22 nd August, 2017 upon conclusion of hearing Sd/- Sd/- (S. RIFAUR RAHMAN) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT Hyderabad, Dated 22 nd August, 2017 TNMM I.T.A. No. 735/Hyd/2016 :- 3 -: Copy to : 1. M/s. The Sirpur Paper Mills Ltd., 5-9-22/1/1, 1 st Floor, Ashoka Chambers, Adarsh Nagar, Opp: New MLA Quarters Gate, Hyderabad. 2. The Asst. Commissioner of Income Tax, Circle-2(3), Hyderabad. 3. CIT (Appeals)-9, Hyderabad. 4. Pr.CIT-2, Hyderabad. 5. D.R. ITAT, Hyderabad. 6. Guard File.