ACIT,Central Circle-1, Hyderabad V. Navayuga Engg Co Ltd, Hyderabad

MA 25/HYD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7226 (ITAT-HYDERABAD)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-10-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 19-01-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T DIWAKAR PRASAD
• Section: 43B; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYA RAGHAVAN, JUDICIAL MEMBER MA NO.25/HYD/2011 IN ITA NO.1050 TO 1053/HYD/2009 ASSESSMENT YEAR 2003-04 TO 2006-07 THE ACIT, CENTRAL CIRCLE 1, HYDERABAD VS M/S NAVAYUGA ENGINEERING COMPANY LTD., (PAN AAACN 7396 R) APPELLANT RESPONDENT APPELLANT BY : SHRI T. DIWAKAR PRASAD RESPONDENT BY : NONE DATE OF HEARING : 30.9.2011 DATE OF PRONOUNCEMENT : 4.10.2011 ORDE ORDE ORDE ORDER RR R PER PER PER PER ASHA VIJAYA RAGHAVAN, J.M. ASHA VIJAYA RAGHAVAN, J.M. ASHA VIJAYA RAGHAVAN, J.M. ASHA VIJAYA RAGHAVAN, J.M. IN THIS CASE, THE DEPARTMENT HAS PREFERRED MISCELLANEOUS APPLICATION AGAINST THE ORDER OF THIS TRIBUNAL IN ITA NO.1050 TO 53/HYD/2009 IN THE CASE OF ACIT CENT RAL CIRCLE- 1, HYDERABAD VS. M/S NAVAYUGA ENGINEERING COMPANY L TD. WHILE PASSING THE ORDER THE HONBLE TRIBUNAL HAS MA DE THE FOLLOWING MISTAKES: A TITLE OF ORDER ITA NO.1053 SHOULD BE FOR AY 2007-08 INSTEAD OF AY 2006-07 B THIRD LINE OF PARA 1 OF PAGE NO.1 FOR THE AYS 2003-04 TO 2005-06 & 2007-08 INSTEAD OF FOR AYS 2003-04 TO 2006-07 MA NO.25 OF 2011 IN ITA NO.1050 TO 1053 OF 09 M/S NAVAYUGA ENGG CO. LTD., HYD 2 C SECOND LINE OF PARA 5 PAGE NO.3 FOR THE AYS 2004-05, 2005-06 & 2007-08 INSTEAD OF FOR AYS 2004-05 TO 2007-08 2. SINCE IT IS A MISTAKE APPARENT FROM RECORD, THE SAME IS RECTIFIED U/S 254 (2) OF THE IT ACT BY THIS ORDER. A) THE TITLE OF THE ORDER IN ITA NO.1053/H/2009 IS FOR THE ASSESSMENT YEAR 2007-08. HENCE THE TITLE OF THE ORD ER SHALL READ AS FOLLOWS: ITA NO.1050 TO ITA NO.1052/HYD/2009 FOR THE ASSESSMENT YEAR 2003-04 TO 2005-06 AND ITA NO.1053 FOR THE ASSESSMENT YEAR 2007-08. B) THE TRIBUNAL ORDER PARA 1 SHALL HERE AFTER READ AS UNDER: THESE FOUR APPEALS OF THE REVENUE ARE DIRECTED AGA INST THE ORDERS PASSED BY THE CIT(A) I, HYDERABAD DATED 14.8.2009 FOR THE ASSESSMENT YEARS 2003-04 TO 2005- 2006 & 2007-08. AS COMMON ISSUES ARE INVOLVED, WE HAVE HEARD THESE APPEALS TOGETHER AND WE PROCEED TO DISP OSE OF THE SAME BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE C) THE TRIBUNAL ORDER PARA 5 SHALL HERE AFTER READ AS UNDER: THE NEXT COMMON ISSUE THAT ARISES FOR CONSIDERATIO N ONLY IN THE APPEALS FOR THE ASSESSMENT YEARS 2004-0 5, 2005-06 AND 2007-08 IS REGARDING DISALLOWANCE MADE BY THE ASSESSING OFFICER U/S 43B OF THE ACT WITH REGAR D TO EMPLOYEES CONTRIBUTION TO PROVIDENT FUND, WHICH HA S BEEN DELETED BY THE CIT(A). MA NO.25 OF 2011 IN ITA NO.1050 TO 1053 OF 09 M/S NAVAYUGA ENGG CO. LTD., HYD 3 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FI LED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT 4. 10.2011 SD/ SD/ SD/ SD/- -- - ( (( (CHANDRA POOJARI) CHANDRA POOJARI) CHANDRA POOJARI) CHANDRA POOJARI) SD/ SD/ SD/ SD/- -- - (ASHA VIJAYA RAGHAVAN) (ASHA VIJAYA RAGHAVAN) (ASHA VIJAYA RAGHAVAN) (ASHA VIJAYA RAGHAVAN) ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER JUDICI JUDICI JUDICI JUDICIAL MEMBER AL MEMBER AL MEMBER AL MEMBER DATED THE 4 TH OCTOBER, 2011 COPY FORWARDED TO: 1. THE ACIT, CENTRAL CIRCLE 1, HYDERABAD 2. M/S NAVAYUGA ENGG. CO. LTD., 48-9-17, DWARAKA NAGA R, VISAKHAPATNAM 3. THE CIT(A) I, HYDERABAD 4. THE CIT, HYDERABAD 5. THE DR, ITAT, HYDERABAD NP/ MA NO.25 OF 2011 IN ITA NO.1050 TO 1053 OF 09 M/S NAVAYUGA ENGG CO. LTD., HYD 4