Exhibition Society, Hyd, Hyderabad V. DDIT(Exemptions), Hyderabad, Hyderabad

MA 24/HYD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4498 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-07-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 09-02-2016
• Court: TRIBUNAL
• Department Lawyers: K E SUNIL BABU
• Assessee Lawyers: C P RAMASWAMI
• Keywords: Depreciation
• Section: 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER M.A. NO. 24/HYD/2016 (ARISING OUT OF ITA NO. 1195/HYD/2009) ASSESSMENT YEAR: 2006-07 M/S. EXHIBITION SOCIETY, HYDERABAD [PAN: AAAFE9281F] VS DY. DIRECTOR OF INCOME TAX (EXEMPTION), HYDERABAD (APPLICANT) (RESPONDENT) FOR ASSESSEE : SHRI C.P. RAMASWAMI, AR FOR REVENUE : SHRI K.E. SUNIL BABU, DR DATE OF HEARING : 15-07-2016 DATE OF PRONOUNCEMENT : 15-07-2016 O R D E R PER B. RAMAKOTAIAH, A.M. : THIS MISCELLANEOUS APPLICATION IS PREFERRED AGAINST T HE ORDER OF ITAT IN ITA NO. 1195/HYD/2009 DT. 22-03-2012 FOR AY. 2006- 07. 2. IT IS CONTENDED THAT WHILE DEALING WITH THE ISSUE OF DEPRECIATION CLAIMED BY ASSESSEE, A CHARITABLE-TRUST AP PROVED UNDER 12A OF THE INCOME TAX ACT, 1961 [ACT], THE BENC H DID NOT FOLLOW THE ORDER IN ITA NO. 941/HYD/2014 FOR AY. 20 01-02 WHICH M.A. NO. 24/HYD/2016 :- 2 -: WAS PASSED ON 22-05-2007 PLACED ON RECORD BY THE LD. COUNSEL. IT WAS SUBMITTED THAT THE CO-ORDINATE BENCH RELIED ON VARIOU S OTHER BENCH DECISIONS IN RESTORING THE MATTER TO THE AO, WHERE AS IN ASSESSEES OWN CASE, TRIBUNAL HAS ALLOWED THE DEDUCTI ON IN EARLIER YEAR WHICH WAS RELIED UPON. IT WAS SUBMITTED THAT BY N OT FOLLOWING THE CO-ORDINATE BENCH DECISION IN ASSESSEES OWN CASE , THERE OCCURRED A MISTAKE APPARENT FROM RECORD. 3. AFTER CONSIDERING THE RIVAL CONTENTIONS, WE ARE OF TH E VIEW THAT THE ORDER IN ASSESSEES OWN CASE WAS NOT NOTICED BY THE BENCH AND MATTER WAS RESTORED TO THE AO. SINCE IT WAS BROUGHT TO OUR NOTICE NOW THAT THERE IS A CO-ORDINATE BENCH DECISIO N IN FAVOUR OF ASSESSEE, IN THE INTEREST OF JUSTICE, WE ARE OF THE OP INION THAT THE ISSUE DECIDED IN PARA 5 & 6 OF THE ITAT ORDER AGAINS T GROUND NOS. 4 & 5 REQUIRES TO BE RECALLED AND RE-HEARD AFRESH. F OR THIS LIMITED PURPOSE, THE ORDER OF THE ITAT IN PARAS 5 & 6 ARE H EREBY RECALLED AND APPEAL TO THAT EXTENT IS POSTED FOR HEARING ON 19-1 0-2016. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLOW ED. ORDER PRONOUNCED IN THE COURT ON 15 TH JULY, 2016 SD/- SD/- (P. MADHAVI DEVI) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT ME MBER HYDERABAD, DATED 15 TH JULY, 2016 TNMM M.A. NO. 24/HYD/2016 :- 3 -: COPY TO : 1. M/S. EXHIBITION SOCIETY, EXHIBITION GROUNDS, M.J . ROAD, HYDERABAD. 2. DY. DIRECTOR OF INCOME TAX (EXEMPTIONS), HYDERAB AD. 3. CIT (APPEALS)-IV, HYDERABAD. 4. CIT-III, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.