Dy.CIT, Central Circle-7, Hyderabad V. M/s Meenakshi Infrastructure (P) Ltd., Hyderabad

MA 11/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2069 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-06-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 18-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Assessee Lawyers: S RAMA RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER MISC. APPLN. NO.11/HYD/2014 (IN ITA NO.132/HYD/2011) (ASSESSMENT YEAR 2007 - 08) DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 7, HYDERABAD V/S M/S. MEENAKSHI INFRASTRUCTURE (P)LTD., HYDERABAD (PAN AAECM 0206 D ) (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI KIRAN KATTA DR RESPONDENT BY : SHRI S.RAMA RAO DATE OF HEARING 20.06.2014 DATE OF PRONOUNCEMENT 20.06.2014 O R D E R PER SAKTIJIT DEY, JUDICIAL MEMBER: BY THIS MISCELLANEOUS APPLICATION, REVENUE HAS REQUESTED FOR RECTIFICA TION/RECALL OF THE ORDER OF THE TRIBUNAL DATED 17.6.2013 IN APPEAL, ITA NO.132/HYD/2011 OF THE REVENUE, FOR THE ASSESSMENT YEAR 2007 - 08, ON THE GROUND THAT CERTAIN MISTAKES APPARENT FROM RECORD HAVE CREPT INTO THE SAME. 2. IT IS STATED IN THIS APPLICA TION THAT THOUGH THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE ASSESSEE, OBSERVING THAT THE ISSUE IN DISPU TE , IN THE APPEAL OF THE RE VENUE, BEING ALLOWABILITY OF DEDUCTION UNDER S.80IA(4), IS COVERED IN FAVOUR O F THE ASSESSEE BY THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE DATED 21.10.2010 FOR ASSESSMENT YEAR 2006 - 07 IN ITA NO.313/HYD/2010, FACTS INVOLVED IN THE APPEAL FOR ASSESSMENT YEAR 2007 - 08 ARE DISTINCT FROM THE FACTS CON S I D ERED BY THE TRIBUNAL IN IT S ORDER FOR ASSESSMENT YEAR 2006 - 07, AND AS SUCH , THE TRIBUNAL OUGHT NOT TO HAVE FOLLOWED THE SAID ORDER. REITERATING THE MA NO. 11 /HYD/2014( ITA NO. 1 32 /HYD/ 1 1 ) M/S. MEENAKSHI INFRASTRUCTURE (P)LTD., HYDERABAD 2 AVERMENTS MADE IN THE PR E SENT APPLICATION, LEARNED DEPARTMENTAL REPRESENTATIVE REQUESTED FOR RECTIFICATION/RECALL OF THE ORDER OF THE TRIBUNAL DATED 17.6.2013. 3. THE LEARNED COUNSEL FOR THE ASSESSEE , ON THE CONTRARY, OPPOSING THE CONTENTIONS OF THE ASSESSEE, SUBMITTED THAT THERE IS NO MISTAKE APPARENT FROM RECORD, AND AS SUCH , THE PRESENT APPLICATION IS DEVOID OF MERIT. 4. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD, IN THE LIGHT OF THE AVERMENTS MADE IN THE PRESENT APPLICATION AND THE ORDER OF THIS TRIBUNAL DATED 17 . 6 .2013. THE TRIBUNAL VIDE PARA 3 OF THE ORDER DATED 17.6.2013, OBSERVING THAT THE TRIBUNA L IN ITS ORDER DATED 21.10.2010 FOR ASSESSMENT YEAR 2006 - 07 , CITED SUPRA, HAS CONSIDERED THE ALLOWABILITY O F DEDUCTION UNDER S.80IA, WITH REGARD TO THE V ERY SAME E - PARK SITUATED AT JUBILEE GARDEN, KONDAPUR, CYBERABAD, HYDE R ABAD, LEASED/SOLD TO M/S. TATA CONSULTANCY SERVIC E S, M/S. EXCELLENCE DATA RESEARCH PVT. LTD.; M/S. VIJAY INFOTECH; M/S. DMV BUSINESS & MARKETING RESEARCH P. LTD. AND M/S. COGNIZANT TECHNOLOGIES , CONCLUDED THAT THE ASSESSEE IS ENTITLED FOR DEDUCTION UNDER S.8 - 0IA(4)(III) OF THE ACT , AND ACCORDINGLY FOLLOWED THE SAID ORDER OF THE TRIBUNAL FOR ASSESSMENT YEAR 2006 - 07, WHILE DECIDING THE REVENUES APPEAL FOR ASSESSMENT YEAR 2007 - 08. THOUGH IT IS THE CONTENTION OF THE DEPARTMENT THAT FACTS IN THE PRESENT CASE ARE DIFFERENT, IN AS MUCH AS ASSESSEE HAS VIOLATED THE CONDITIONS OF APPROVAL GRANTED BY THE CENTRAL GOVERNMENT, HOWEVER, WE ARE NOT CONVINCED WITH SUCH ARGUMENT. IT IS NOT DISPUTED THAT DEDUCTION CLAIMED U/S. 80IA IN THE IMPUGNED ASSESSMENT YEAR ALSO IS IN RELATION TO THE VERY SAME PROJECT. MOREOVER, CENTRAL GOVERNMENT HAS NOT WITHDRAWN THE APPROVAL GRANTED U/S. 80IA FOR ALLEGED VIOLATION OF CONDITIONS OF APPROVAL. IN THESE CIRCUMSTANCES, THERE BEING NO CHANGE IN MA NO. 11 /HYD/2014( ITA NO. 1 32 /HYD/ 1 1 ) M/S. MEENAKSHI INFRASTRUCTURE (P)LTD., HYDERABAD 3 SITUATION RELATING TO ASSESSEES ELIGIBILITY FOR DEDUCTION U/S . 80IA, THE TRIBUNAL WAS CORRECT IN FOLLOWING ITS ORDER FOR THE PRECEDING ASSESSMENT YEAR. IN THE AFORESAID VIEW OF THE MATTER, IN THE GUISE OF RECTIFICATION, T HE REVENUE, IS MERELY SEEKING A REVIEW OF THE ORDER OF THE TRIBUNAL DATED 17.6.2013, BY DISPUTI NG THE FINDING OF THE TRIBUNAL. SINCE SUCH A R E V I EW IS NOT PERMISSIBLE IN THESE PROCEEDINGS UNDER S.254(2) OF THE ACT, THE SCOPE OF WHICH IS CONFINED TO MERE RECTIFICATION O F MISTAKES APPARENT FROM RECORD, THE PRESENT APPLI C A T ION OF THE REVENUE IS DEVOID OF MERIT, AND AS SUCH , IT IS L I ABLE TO BE REJECTED. WE REJECT THE SAME ACCORDINGLY. 5. IN THE RESULT, REVENUES MISCELLANEOUS APPLICATION IS REJECTED. ORDER PRONOUNCED IN THE COURT ON THE CONCLUSION OF HEARING ON THE MISCELLANEOUS APPLIC ATION ON 20.06.2014 SD/ - SD/ - ( B.RAMAKOTAIAH ) ( SAKTIJIT DEY ) ACCOUNTANT MEMBER. JUDICIAL MEMBER. D T/ - 20 TH JUNE, 201 4 COPY FORWARDED TO: 1. M/S. MEENAKSHI INFRASTRUCTURE (P)LTD., 8 - 2 - 418, MEENAKSHI HOUSE, ROAD NO.7, BANJARA HILLS, HYDERABAD - 34 2. DY. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE 7, HYDERABAD 3. 4. 5. COMMISSIONER OF INCOME - TAX(APPEALS) V, HYDERABAD COMMISSIONER OF INCOME - TAX IV, HYDERABAD DEPARTMENTAL REPRESENTATIVE ITAT HYDERABAD B.V.S.