ACIT, Circle-13(1), Hyderabad V. M/s. S.R.S. & Sri Sai Ganesh Productions, Hyderabad

MA 55/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2511 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-11-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 24-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITRA
• Assessee Lawyers: S RAMA RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 54/HYD/2014 IT(SS)A NO. 19/HYD/2008 BLOCK PERIOD A.YS. 1997-98 TO 2003-04 (TILL 21.2.20 03) M/S. SRS & SRI SAI GANESH PRODUCTIONS, HYDERABAD PAN: ABHFS5953J VS. THE DEPUTY CIT CENTRAL CIRCLE TIRUPATI APPLICANT RESPONDENT M.A. NO. 55/HYD/2014 IT(SS)A NO. 20/HYD/2008 BLOCK PERIOD A.YS. 1997-98 TO 2003-04 (TILL 21.2.20 03) THE DEPUTY CIT CENTRAL CIRCLE TIRUPATI VS. M/S. SRS & SRI SAI GANESH PRODUCTIONS, HYDERABAD PAN: ABHFS5953J APPLICANT RESPONDENT APPLICANT BY: SRI RAJAT MITRA RESPONDENT BY: SRI S. RAMA RAO DATE OF HEARING: 17.10.2014 DATE OF PRONOUNCEMENT: 26.11.2014 O R D E R PER ASHA VIJAYARAGHAVAN, JM: BY THIS MISCELLANEOUS APPLICATION (MA) THE DEPARTM ENT SEEKS RECTIFICATION IN THE ORDER OF THE TRIBUNAL DATED 22 .02.2013 IN IT(SS)A NO. 20/HYD/2008. REVENUE FILED SIMILAR PETITIONS ON TWO NON- APPEALS. 2. THE LEARNED DR POINTED OUT THAT GROUND NO. 1 OF REV ENUE APPEAL, REDUCTION IN RECEIPT OF RS. 5,27,19,500 AS AGAINST THE COMPUTATION OF THE ASSESSING OFFICER AT RS. 5,42,46 ,500 IS NOT DISCUSSED AND FINALISED BY THIS TRIBUNAL IN THE ABO VE SAID ORDER. 3. AFTER HEARING THE PARTIES, WE FIND THAT, DUE TO INA DVERTENCE, AN ERROR HAS CREPT IN WHILE PASSING THE TRIBUNAL OR DER IN IT(SS)A NO. 20/HYD/2008 DATED 22.2.2012. HENCE WE RECALL THE O RDER AND DIRECT M A NOS. 54 & 55/HYD/2014 M/S. SRS & SRI SAI GANESH PRODUCTIONS ============================= 2 THE REGISTRY TO POST THE APPEAL IN IT(SS)A NO. 20/H YD/2008 FOR HEARING IN REGULAR COURSE FOR ADJUDICATING THE LIMI TED ISSUE POINTED OUT BY THE DEPARTMENT IN THE ABOVE MA AND INFORM BO TH THE PARTIES. 4. IN THE RESULT, MA BY THE DEPARTMENT IS ALLOWED. 5. HOWEVER, WE FIND THAT IN THE ASSESSEE'S APPEAL THE ISSUE DOES NOT ARISE AND HENCE M.A. NO. 54/HYD/2014 BECOMES IN FRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH NOVEMBER, 2014. SD/ - (B. RAMAKOTAIAH) ACCOUNTANT MEMBER SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER HYDERABAD, DATED 26 TH NOVEMBER, 2014 TPRAO COPY FORWARDED TO: 1. THE ASST. CIT, CIRCLE - 13(1), HYDERABAD. 1. M/S. SRS & SRI SAI GANESH PRODUCTIONS, C/O. SRI S. RAMA RAO, FLAT NO. 102, SHRIYA'S ELEGANCE, H. NO. 3-6-643, ST. NO. 9, HIMAYATNAGAR, HYDERABAD-500 029. 3 . THE CIT(A) - I, HYDERABAD. 5. THE CIT (CENTRAL), HYDERABAD. 6. THE DR B BENCH, ITAT, HYDERABAD.