ITO, Ward-2, Nizamabad, Nizamabad V. J.B. Constructions, Hyderabad

MA 18/HYD/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2809 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-03-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 02-02-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITRA
• Assessee Lawyers: S RAMA RAO

Judgement Text

MA NO.18 OF 2015 JB CONSTRUCTIONS NIZAMABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER & SMT.ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO.18/HYD/2015 (ARISING OUT OF ITA NO.1162/HYD/2011 (ASSESSMENT YEAR: 2008-09) I NCOME TAX OFFICER WARD-2 NIZAMABAD VS. M/S. JB CONSTRUCTIONS & PROJECTS NIZAMABAD PAN: AAFFJ 9964 M (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S. RAMA RAO FOR REVENUE : SHRI RAJAT MITRA, DR DATE OF HEARING : 13/03/2015 DATE OF PRONOUNCEMENT : 13 /03/2015 O R D E R PER SMT. ASHA VIJAYARAGHAVAN, J.M. THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE INCOME TAX OFFICER ON 2.2.2015 ARISING OUT OF ITA NO.1162/HYD/2011 DATED 30.05.2014 STATING THAT THE TRIBUNAL PASSED A COMMON ORDER IN ITA NO.1162 & 1005/HYD/201 1 FOR A.Y 2008-09 IN THE CASE OF M/S J B CONSTRUCTIONS & PROJECTS, NIZAMABAD. AGAINST THE ORDER OF THETRIBUNAL, THE DE PARTMENT HAS FILED APPEALS BEFORE THE HON'BLE JURISDICTIONAL HIGH COURT. THE HON'BLE HIGH COURT RETURNED THE APPEAL WITH THE NOTE POINTING OUT A MISTAKE IN THE TRIBUNALS ORDER THAT WHILE PASSING THE ORDER, IT WAS MENTIONED THE DATE OF CIT (A)S O RDER AS MA NO.18 OF 2015 JB CONSTRUCTIONS NIZAMABAD PAGE 2 OF 2 23.03.2011 ON THE FIRST PAGE OF ITS ORDER, INSTEAD OF 28.03.2011 AGAINST WHICH THE REVENUE FILED APPEALS. 2. WE FIND THAT THERE IS A MISTAKE APPARENT FROM RE CORD IN MENTIONING THE DATE OF CIT (A)S ORDER AS 23.03.201 1 ON THE FIRST PAGE OF THE ORDER INSTEAD OF 28.03.2011 AND WE RECT IFY THIS MISTAKE COMMITED AND THE AMENDED ORDER SHALL BE REA D AS FOLLOWS: THESE ARE CROSS APPEALS DIRECTED AGAINST THE ORDER OF THE CIT (A)-VI, HYDERABAD DATED 28.03.2011 FOR A.Y 2008-09 3. TO THAT EXTENT, THE ORDER IS MODIFIED ACCORDINGL Y. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH MARCH, 2015. S D/ - S D/ - (P.M. JAGTAP) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 13 TH MARCH, 2015. VNODAN/SPS COPY TO: 1. INCOME TAX OFFICER WARD-2 AAYAKAR BHAVAN, SUBHASH NAGAR, NIZAMABAD 2. M/S JB CONSTRUCTIONS & PROJECTS, SY. NO.128 MADHAV NAGAR, NIZAMABAD 3. THE CIT(A) IV HYDERABAD 4. THE CIT V HYDERABAD 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE BY ORDER