DCIT, Circle-3(1), Hyderabad, Hyderabad V. M/s Sabbineni Hotels & Resorts Private Limited, Hyderabad

MA 161/HYD/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2802 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-03-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 12-11-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITRA
• Assessee Lawyers: S RAMA RAO

Judgement Text

MA NO.161 OF 2014SABBINENI HOTELS & RESORTS P LTD H YDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SMT.ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A.NO.161/HYD/2014 (ARISING OUT OF ITSS(A) NO.10/HYD/2010 (BLOCK PERIOD: 1.4.1996 TO 4.7.2002) DY. COMMISSIONER OF INCOME TAX, CIRCLE 3(1) HYDERABAD VS. M/S SABBINENI HOTELS & RESORTS PRIVATE LTD HYDERABAD PAN: AAFCS 1979 J (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI RAJAT MITRA, DR ASSESSEE BY: SHRI S. RAMA RAO, A DVOCATE DATE OF HEARING: 30/01/2015 DATE OF PRONOUNCEMENT: 25/03/2015 O R D E R PER SMT. ASHA VIJAYARAGHAVAN, J.M. THE APPEAL BY REVENUE AND CROSS APPEAL BY ASSESSEE WERE DISMISSED BY THE ITAT MAINLY ON THE REASON THAT REV ENUE HAS NOT FILED CONDONATION PETITION INSPITE OF GIVING RE PEATED ADJOURNMENTS. THE CROSS APPEAL FILED BY ASSESSEE W AS DISMISSED AS INFRUCTUOUS AS REVENUE APPEAL WAS DISMISSED. 2. REVENUE HAS PREFERRED THE PRESENT PETITION STATI NG THAT IT HAS FILED THE CONDONATION PETITION VIDE LETTER DATE D 10.06.2013 ON 18.6.2013. ON PERUSAL OF THE RECORD, WE NOTICE T HAT THE DEPARTMENT HAS FILED PETITION FOR CONDONATION OF DE LAY AND ACCORDINGLY THERE AROSE A MISTAKE OF FACT IN THE OR DER PASSED BY THE ITAT. THEREFORE, AFTER HEARING BOTH THE PARTIES , WE ARE OF THE MA NO.161 OF 2014SABBINENI HOTELS & RESORTS P LTD H YDERABAD. PAGE 2 OF 2 OPINION THAT THE APPEAL OF THE REVENUE HAS TO BE RE STORED BY RECALLING THE ORDER PRONOUNCED ON 2.12.2013. SINCE THE CROSS APPEAL WAS DISMISSED AS INFRUCTUOUS, IN VIEW OF THE RESTORATION OF THE APPEAL OF REVENUE, WE ALSO RECALL THE CROSS OBJ ECTION PREFERRED BY THE ASSESSEE. THE REGISTRY IS DIRECTED TO POST THE APPEAL IN IT(SS)A NO.10/HYD/2010 AND C.O. NO.89/HYD /2012 IN DUE COURSE. HOWEVER, WE HAVE NOT CONSIDERED THE CON DONATION PETITIONS IN THE RESPECTIVE APPEALS, WHICH ARE TO B E DECIDED BEFORE FINALIZING THE APPEAL OF REVENUE AND CROSS O BJECTION BY ASSESSEE. 3. SINCE WE PERUSED THE RECORDS AND FIND THAT THE D EPARTMENT HAS FILED PETITION FOR CONDONING THE DELAY, WE RECA LL THE ORDER AND DIRECT THE REGISTRY TO POST THE CASE IN IT(SS)A NO. 10/HYD/2010 AND C.O. 89//HYD/2012 ON A SUITABLE DATE AND INFORM THE PARTIES. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH MARCH, 2015. S D/ - S D/ - (B. RAMAKOTAIAH) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 25 TH MARCH, 2015. VNODAN/SPS COPY TO: 1. DCIT, CIRCLE-3(1) HYDERABAD 2. M/S. SABBINENI HOTELS & RESORTS PVT LTD ROAD NO.4, STREET NO.7 BANJARA HILLS, HYDERABAD 3. THE CIT(A) TIRUPATHI 4. THE CIT 3 HYDERABAD 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE BY ORDER