DCIT, Circle-9(1), Hyderabad V. M/s. Adarsh Constructions, Hyderabad

MA 24/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1834 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-04-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 04-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S RAMA RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE S/SHRI CHANDRA POOJARI, A.M. & SAKTIJIT DEY, J.M. MA.NO.24/HYD/2014 ARISING OUT OF ITA.NO.164/HYD/2013 - ASSESSMENT YEAR 2007-2008 DCIT, CIRCLE 9(1) HYDERABAD. VS. M/S. ADARSH CONSTRUCTIONS, SAIFABAD, HYDERABAD PAN AAFFA 1681-G (APPELLANT) (RESPONDENT) FOR REVENUE : MR. SOLGY JOSE T KOTTARAM FOR ASSESSEE : MR. S. RAMA RAO DATE OF HEARING : 14.03.2014 DATE OF PRONOUNCEMENT : 23 .04.2014 ORDER PER SAKTIJIT DEY, J.M. IN THIS MISC. APPLICATION, THE DEPARTMENT HAS SOUGH T RECTIFICATION OF THE ORDER DATED 9-5-2013 PASSED BY THE INCOME- TAX APPELLATE TRIBUNAL IN ITA NO.164/HYD/13. IT I S THE CONTENTION OF THE LEARNED DR THAT THOUGH THE TRIBUNAL DISMISSE D THE APPEAL OF THE DEPARTMENT IN LIMINE BECAUSE OF TAX EFFECT OF BELOW RS.3 LAKH BUT ACTUALLY THE TAX EFFECT IS MUCH MORE THAN THE P RESCRIBED LIMIT OF RS.3 LAKH. IN SUPPORT OF SUCH CONTENTION, THE FO LLOWING COMPUTATION OF TAX EFFECT HAS BEEN PROVIDED BY THE DEPARTMENT. TAX INCLUDING SURCHARGE AND EDUCATIONAL CESS AS PER ORIGINAL ASST. ORDER DT. 29-12-2009 RS.32,38,735 LESS: TAX INCLUDING S.C AND E.C AS PER CONSEQUENTIAL ORDER GIVING EFFECT TO THE ORDER OF CIT(A) RS. 5,35,410 THE NET TAX EFFECT CONSIDERED FOR FILING FURTHER 2 MA.NO.24/HYD/2014 ARISING OUT OF ITA.NO.164/HYD/2013 M/S. ADARSH CONSTRUCTIONS, HYDERABAD. APPEAL RS. 27,03,325 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES AND PERUSED THE MATERIAL ON RECORD. ON PERUSAL OF THE ORDER OF THE TRIBUNAL DATED 9-5-2013, PASSED IN ITA NO.164/HYD/13, IT IS OBVIOUS THAT ON CONSIDERING THE SUBMISSIONS OF THE REPRESENTATIV E OF THE ASSESSEE AS WELL AS THE DEPARTMENT THAT THE TAX EFF ECT IN THE APPEAL IS BELOW RS. 3 LAKHS, THE TRIBUNAL DISMISSED THE APPEAL OF THE DEPARTMENT IN LIMINE FOLLOWING BOARDS CIRCULAR NO.3 OF 2011. HOWEVER, ON CONSIDERING THE FACTS PLACED ON RECORD IN MISC. APPLICATION FILED BY THE DEPARTMENT, WE ARE OF THE VIEW THAT THERE IS A MISTAKE APPARENT ON THE FACE OF RECORD WHILE D ISMISSING THE DEPARTMENTAL APPEAL ON ERRONEOUS ASSUMPTION THAT T AX EFFECT LESS THAN RS. 3 LAKH WHICH ACTUALLY IS NOT THE CA SE. THEREFORE, THERE BEING A MISTAKE APPARENT ON THE FACE OF RECOR D, IN THE INTEREST OF JUSTICE, WE RECALL ORDER OF THE TRIBUNA L DATED 9 TH MAY, 2013 AND FIX THE APPEAL FOR HEARING IN REGULAR COUR SE. 4. IN THE RESULT, MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 .04.2014 . SD/- SD/- (CHANDRA POOJARI) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIA L MEMBER HYDERABAD, DATED 23RD APRIL, 2014 JMR* 3 MA.NO.24/HYD/2014 ARISING OUT OF ITA.NO.164/HYD/2013 M/S. ADARSH CONSTRUCTIONS, HYDERABAD. COPY TO : 1. DCIT, CIRCLE 9(1), IT TOWERS, AC GUARDS, HYDERAB AD. 2. M/S. ADARSH CONSTRUCTIONS, 17-1-383/A/47, VINAY NAGAR COLONY, SAIFABAD, HYDERABAD. 3. CIT(A), VIJAYAWADA 4. CIT-VI, HYDERABAD 5. D.R. ITAT, B BENCH, HYDERABAD. SL. DESCRIPTION DATE INITIALS 4 MA.NO.24/HYD/2014 ARISING OUT OF ITA.NO.164/HYD/2013 M/S. ADARSH CONSTRUCTIONS, HYDERABAD. NO. 1. DATE OF DICTATION BY THE AUTHOR ON COMPUTER SR. PS 2. DRAFT PLACED BEFORE THE DICTATING MEMBER SR.PS 3. DRAFT PLACED BEFORE THE SECOND MEMBER J.M. 4. DRAFT APPROVED BY THE SECOND MEMBER A.M. 5. DATE OF APPROVED ORDER COMES TO THE SR. PS SR.PS 6. DATE OF PRONOUNCEMENT OF ORDER SR.PS 7. DATE OF FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILES GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER