DCIT, Circle-3(2), Hyderabad V. Srinivas Civil Works Private Limited, Hyderabad

MA 132/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2504 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-10-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 06-08-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA
• Assessee Lawyers: S RAMA RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 132/H/2014 (IN ITA NO. 352/HYD/2012 ASSESSMENT YEAR: 2008-09) DY. COMMISSIONER OF INCOME-TAX, AP PLICANT CIRCLE 3(2), HYDERABAD VS. M/S SRINIVASA CIVIL WORKS PVT. LTD., RESPO NDENT HYDERABAD. REVENUE BY : SHRI B. RAMAKRISHNA ASSESSEE BY : SHRI S. RAMA RAO DATE OF HEARING : 19/09/2014 DATE OF PRONOUNCEMENT : 1 3/10/2014 ORDER PER ASHA VIJAYARAGHAVAN, J.M.: BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE HAS BROUGHT TO OUR NOTICE THAT THE ORDER OF ITAT IN ITA NO. 352/HY D/2012 DATED 31/12/2013 FOR ASSESSMENT YEAR 2008-09 IS INCORRECT . IT HAS BEEN STATED IN THE M.A. THAT THE ACTUAL GROUND TAKEN BY THE ASSESSEE HAS NOT BEEN ADJUDICATED AND THE RELIEF GRANTED OF EXCLUSI ON OF RECOVERIES WAS GRANTED WITHOUT THE ASSESSEE RAISING A SPECIFIC GROUND. 2. WE FIND THAT A MISTAKE HAS CREPT IN THE ORDER OF TRIBUNAL IN ALLOWING REDUCTION OF RECOVERIES FROM THE GROSS REC EIPTS. IN THESE 2 MA NO. 132/HYD/14 SRINIVASA CIVIL WORKS PVT. LTD. CIRCUMSTANCES, WE RECALL THE ORDER OF TRIBUNAL DATE D 31/12/2013 AND DIRECT THE REGISTRY TO FIX THE DATE OF HEARING ON 1 5/01/2015. ACCORDINGLY, NOTICE OF HEARING TO THE PARTIES MAY B E ISSUED TO THE PARTIES. 3. IN THE RESULT, M.A. FILED BY THE ASSESSEE IS ALL OWED. PRONOUNCED IN THE OPEN COURT ON 13/10/2014. SD/- SD/- (P.M. JAGTAP) ( ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDI CIAL MEMBER HYDERABAD, DATED: 13 TH OCTOBER, 2014. KV COPY TO:- 1. SRINIVASA CIVIL WORKS PVT. LTD., C/O SRI S. RAMA RAO, ADVOCATE, FLAT NO. 102, SHRIYAS RESIDENCY, ROAD NO . 9, HIMAYATNAGAR, HYDERABAD. 2. DCIT, CIRCLE 3(2), HYDERABAD. 3. CIT(A)-IV, HYDERABAD 4 CIT-III, HYDERABAD 5 THE DR, ITAT, HYDERABAD