ITO, Ward 3(1), Hyderabad V. M/s Service Links International Ltd., Hyderabad

MA 248/HYD/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6959 (ITAT-HYDERABAD)
• Duration Of Justice: 8 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-08-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 01-12-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T DIWAKAR PRASAD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMBER M.A. NO. 248/HYD/10 (IN ITA NO.945/HYD/05) : ASST. YEAR: 1999-20 00 INCOME-TAX OFFICER, WARD- 3(1), HYDERABAD. V/S- M/S. SERVICE LINKS INTERNATIONAL LIMITED, HYDERABAD. (PAN: AADCS 4171 J) (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI T. DIWAKAR PRASAD RESPONDENT BY : NONE O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER: BY THIS MISC. APPLICATION, THE REVENUE IS SEEKING TO RECTIFY THE ORDER OF THE TRIBUNAL DATED 26 TH JUNE, 2008 PASSED IN ITA NO.945/HYD/2005 FOR ASSESSMENT YEAR 1999-2000. NON E APPEARED ON BEHALF OF THE ASSESSEE-RESPONDENT DURING T HE COURSE OF HEARING OF THIS M.A. HENCE, WE HAVE DECIDED THE M ATTER EX- PARTE ON MERITS AFTER PERUSING THE MATERIAL AVAILABLE O N RECORD AND AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE. M.A.NO. 248/HYD/10 SERVICE LINKS INTAERNATIONAL LTD. ============================ 2 2. THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE TRIBUNAL, IN THE INSTANT CASE, AF TER OBSERVING THAT THE ASSESSMENT OF THE ASSESSEE COMPANY ULTIMA TELY COMPLETED ON A FIGURE OF LOSS, DELETED THE PENALTY SUSTAINED BY CIT (A) RELYING ON THE DECISION OF HONBLE SUPREME C OURT IN THE CASE OF VIRTUAL SOFT SYSTEMS LIMITED REPORTED IN 289 I TR 83. HOWEVER, THE HONBLE SUPREME COURT IN THE CASE OF M/S G OLD COIN HEALTH FOOD PRIVATE LIMITED REPORTED IN 304 ITR 308, WHI LE DISPOSING OFF THE APPEAL, HAS HELD THAT THE JUDGMEN T IN THE CASE OF VIRTUAL SOFT SYSTEMS LIMITED WAS CLARIFICATORY IN NATURE AND FINAL COMPUTATION OF INCOME ON NEGATIVE FIGURE COULD NOT AFFECT THE DEPARTMENTS ACTION TO LEVY PENALTY. IT IS FURTHER S UBMITTED, IN VIEW OF THIS MATTER, THAT THE ORDER PASSED BY THE TR IBUNAL IN ITA NO.945/HYD/05 DATED 26-6-2008 AND THE DECISION OF HONB LE SUPREME COURT IN THE CASE OF GOLD COIN HEALTH FOOD PRIV ATE LIMITED [SUPRA] IS TO BE FOLLOWED. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATE RIAL AVAILABLE ON RECORD. AFTER CONSIDERING THE TOTALIT Y OF FACTS AND THE CIRCUMSTANCES OF THE CASE, WE FIND MERIT IN THE SUBMI SSIONS MADE BY THE LEARNED DEPARTMENTAL REPRESENTATIVE THAT THE J UDGMENT OF HONBLE SUPREME COURT IN THE CASE OF GOLD COIN HEALTH F OOD PRIVATE LIMITED (SUPRA) WAS NOT CONSIDERED, WHILE DISPO SING OFF THE SAID APPEAL BY THIS TRIBUNAL. THEREFORE, THE ORDER OF T HE TRIBUNAL M.A.NO. 248/HYD/10 SERVICE LINKS INTAERNATIONAL LTD. ============================ 3 HAS TO BE RECALLED. WE DIRECT ACCORDINGLY. WE ALSO DIRE CT THE REGISTRY TO FIX THIS CASE FOR FRESH HEARING IN ITS REGU LAR COURSE AND INFORM THE PARTIES CONCERNED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FI LED BY THE REVENUE STANDS ALLOWED. ORDER WAS PRONOUNCED IN THE COURT ON 05 - 8-2011. SD/- SD/- (G.C. GUPTA) (AKBER BASHA) VICE PRESIDENT ACCOUNTANT MEMBER. DATED: 05 -8-2011. COPY FORWARDED TO: 1. INCOME-TAX OFFICER, WARD-3(1), HYDERABAD. 2. M/S. SERVICE LINKS INTERNATIONAL LIMITED, 8-3- 945/A/12, NAGARJUNA NAGAR, AMEERPET, HYDERABAD. 3 4. 5. CIT(A)-I, HYDERABAD. CIT-I, HYDERABAD. THE DR, ITAT, HYDERABAD. JMR* M.A.NO. 248/HYD/10 SERVICE LINKS INTAERNATIONAL LTD. ============================ 4