Saahi Systems Private Limited , Hyderabad V. Income Tax Officer, Ward-3(1), Hyderabad

ITA 773/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4040 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2011-2012
• Appeal Filed On: 15-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V SIVA KUMAR
• Section: 274

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1988/HYD/2017 & I.T.A. NO. 773/HYD/2019 ASSESSMENT YEAR: 2011-12 SAAHI SYSTEMS PRIVATE LIMITED, HYDERABAD [PAN: AAECS6162Q] VS INCOME TAX OFFICER, WARD-3(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI V.SIVA KUMAR, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 21-04-2021 (ITA NO.1988/H/17) 18-05-2021 (ITA NO.773/H/19) DATE OF PRONOUNCEMENT : 28-05-2021 O R D E R PER S.S.GODARA, J.M. : THESE TWO ASSESSEES APPEALS FOR AY.2011-12 ARISES FROM THE CIT(A)-3, HYDERABADS ORDER DATED 06-09-2017 & 06 -02- 2019 PASSED IN CASE NOS.0266/CIT(A)-3/2015-16 & 10012/ITO-3(1)/HYD/CIT(A)-3/2018-19, IN PROCEEDINGS U/S.144 R.W.S.263 & 274 R.W.S.271(1)(C) OF THE INCO ME TAX ACT, 1961 [IN SHORT, THE ACT]; RESPECTIVELY. ITA NOS. 1988/HYD/2017 & 773/HYD/2019 :- 2 -: HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. IT TRANSPIRES DURING THE COURSE OF HEARING IN FORM ER APPEAL ITA NO.1988/HYD/2017 THAT BOTH THE LEARNED LOWER AUTHORITIES HAVE DISALLOWED ASSESSEES CLAIM OF SECT ION 10A DEDUCTION AMOUNTING TO RS.42,38,196/- FOR THE SOLE REA SON THAT IT HAD CLAIMED THE SAME FOR THE FIRST TIME IN AY.2001 -02 AND THEREFORE, THIS BENEFICIAL PROVISION WOULD NOT APP LY IN THE 11 TH YEAR I.E AY.2011-12 BEFORE US. THE ASSESSEES SOLE ARGUMENT ON THE OTHER HAND IS THAT ITS FIRST YEAR OF CLAIMING IMPUGNED RELIEF WAS AY.2 002-03 AND THEREFORE, CORRESPONDING PERIOD OF 10 YEARS CONTINUES UPTO AY.2011-12. WE PROCEED TO NOTICE IN THIS FACTUAL BACK DROP THAT THE ASSESSEE HAS ALSO FILED ITS DETAILED PAPER BOOK(S ) PRIMA- FACIE INDICATING THAT IT HAD BEEN INCORPORATED ON 23-03-2000 FOLLOWED BY 100% EOU APPROVAL UNDER SOFTWARE TECHNO LOGY PARK SCHEME ON 29-06-2012. AND THAT AY.2000-01 INVO LVED ASSESSEES INTEREST INCOME ONLY OF RS.133 WITHOUT AN Y PROFITS AND GAINS DERIVED FROM THE ELIGIBLE UNIT. 3. FACED WITH THIS SITUATION, WE DEEM IT APPROPRIATE TO RESTORE THE INSTANT ISSUE BACK TO THE ASSESSING OFFICER FOR HIS AFRESH FACTUAL VERIFICATION OF ASSESSEES DETAILS TO THI S EFFECT. IT IS MADE CLEAR THAT ASSESSEE OR ITS AUTHORISED REPRESEN TATIVE SHALL APPEAR BEFORE THE ASSESSING OFFICER ON OR BEFO RE 30-09- 2021 WITH ALL THE RELEVANT DETAILS; AT ITS OWN RISK AND RESPONSIBILITY TO BE FOLLOWED BY THREE EFFECTIVE OPPOR TUNITIES OF HEARING. QUANTUM APPEAL ITA NO.1988/HYD/2017 IS AC CEPTED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ITA NOS. 1988/HYD/2017 & 773/HYD/2019 :- 3 -: 4. SAME ORDER TO FOLLOW IN ASSESSEES PENALTY APPEAL ITA NO.773/HYD/2019 BEING CONSEQUENTIAL IN NATURE. 5. BOTH THESE ASSESSEES APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. A COPY OF THIS CO MMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH MAY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 28-05-2021 TNMM ITA NOS. 1988/HYD/2017 & 773/HYD/2019 :- 4 -: COPY TO : 1.SAAHI SYSTEMS PRIVATE LIMITED, #101, CITY CENTRE, HIMAYATNAGAR, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-3(1), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.PR.CIT-3, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.