Divi's Laboratories Ltd, Hyderabad, Hyderabad V. DCIT, Circle-1(2), Hyderabad, Hyderabad

MA 28/Hyd/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4873 (ITAT-HYDERABAD)
• Duration Of Justice: 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-04-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2009-2010
• Appeal Filed On: 10-03-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD ‘A’ BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER M A No.28/Hyd/2022 (In ITA No.711/Hyd/2015) (Assessment Year : 2009-10) M/s. Divi’s Laboratories Limited, Hyderabad. PAN AAACD6745J .....Appellant. Vs. Dy. Commissioner of Income Tax, Circle 1(2), Hyderabad. .....Respondent. Appellant By : Shri S. Rama Rao, Advocate. Respondent By : Shri Sunil Gowtham, D.R. Date of Hearing : 01.04.2022. Date of Pronouncement : 05.04.2022. O R D E R Per Shri S.S. Godara, J.M. : This assessee’s Miscellaneous Application filed u/s. 254(2) of the Income Tax Act, 1961 ('the Act' in short) seeks to rectify our impugned order dt.17.08.2021 granting part relief in a batch of four appeals ITA Nos.708 to 711/Hyd/2015. 2 MA No.28/Hyd/2022 Heard both the parties. Case file perused. 2. We notice at the outset with the able assistance coming from both the parties that our impugned order has incorporated the education cess disallowance figure as Rs.1,3,81,150 than the correct figure of Rs.1,31,81,150 taken in the assessment order dt.30.04.2013. We therefore treat the instant assessee's miscellaneous application as a fit instance to exercise our rectification jurisdiction and direct the learned lower authorities to treat the relief in issue to the tune of Rs.1,31,81,150. The assessee succeeds in its limited substantive ground. No other ground has been pressed before us. 3. This assessee's Miscellaneous Application is allowed in above terms. Order pronounced in the open court on 5th April, 2022. Sd/- Sd/- (L.P. SAHU) (S.S. GODARA) Accountant Member Judicial Member Hyderabad, Dt. 05.04.2022. * Reddy gp 3 MA No.28/Hyd/2022 Copy to : 1. M/s. Divi’s Laboratories Limited, 7-1-77/E/1/303, Dharam Karn Road, Ameerpet, Hyderabad-500 016 2. DCIT, Circle 1(2), Hyderabad. 3. Pr. C I T-5, Hyderabad. 4. CIT(Appeals)-X, Hyderabad. 5. DR, ITAT, Hyderabad. 6. Guard File. By Order Sr. Pvt. Secretary, ITAT, Hyderabad.