Appeal details
Counselvise Citation
[2015] 124 COUNSELVISE.COM (IT) 3240 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
17 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
05-06-2015
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Next Hearing Date
09-10-2015
Assessment Year
2009-2010
Appeal Filed On
19-05-2015
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A. NOS. 64, 65 & 66/HYD/2015 (IN ITA NOA. 1388, 1389 & 1390/H/13 ASSESSMENT YEARS: 2008-09, 2009-10 & 2010-11) DY. COMMISSIONER OF INCOME-TAX, ...APPLICANT CIRCLE 10(1), HYDERABAD. VS. VIJAY INFOTECH VENTURES, HYDERABAD. ..RE SPONDENT (PAN AAFFV6464Q) APPELLANT BY : SHRI RAMAKRISHNA BANDI RESPONDENT BY : SHRI LAXMINIWAS SHARMA DATE OF HEARING : 05/06/2015 DATE OF PRONOUNCEMENT : 05/06/2 015 ORDER PER SAKTIJIT DEY, J.M.: THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE DEPARTMENT SEEKING RECTIFICATION OF MISTAKE SUPPOS ED TO HAVE CREPT IN TO THE ORDER DATED 19/02/2014 PASSED BY IT AT A BENCH, HYDERABAD IN ITA NOS. 1388 TO 1390/HYD/2013. 2. IT IS STATED BY THE DEPARTMENT IN THE M.AS. THAT CBDT HAS ISSUED A NOTIFICATION NO. 37/15 DATED 10 TH APRIL, 2015 WITHDRAWING/RESCINDING THE NOTIFICATION NO. S.O. 34 66, DATED 21/08/2006 ISSUED TO ASSESSEE CONFERRING BENEFIT U/ S 80IA OF THE ACT. THUS, IT IS SUBMITTED, IN VIEW OF THE NOT IFICATION ISSUED BY THE CBDT AS AFORESAID, ASSESSEE IS NOT ELIGIBLE FOR DEDUCTION U/S 80IA, HENCE, ORDER PASSED BY ITAT NEEDS RECTIFI CATION. 2 M.A. NOS.64 TO 66/HYD/2015 VIJAY INFOTECH VENTURES 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE PARTIE S AND PERUSED THE MATERIALS ON RECORD. AS IS APPARENT, AP PEALS OF THE DEPARTMENT WERE DISPOSED OF BY THE TRIBUNAL ON 19/0 2/2014 WHEN THE NOTIFICATION ISSUED BY THE CBDT CONFERRING BENEFIT OF SECTION 80IA ON ASSESSEE WAS VERY MUCH IN EXISTENCE . THEREFORE, TAKING INTO CONSIDERATION THE SAID NOTIF ICATION IN THE CONTEXT OF THE PROVISIONS CONTAINED U/S 80IA(4), TH E TRIBUNAL UPHELD THE DECISION OF LD. CIT(A) IN ALLOWING ASSES SEES CLAIM OF DEDUCTION U/S 80IA. THUS, ON THE DATE THE APPEALS W ERE DISPOSED OF BY THE TRIBUNAL, THE NOTIFICATION NO. 3 7/2015 DATED 10/04/2015 ISSUED BY CBDT WAS NOT IN EXISTENCE. IN THE AFORESAID FACTS AND CIRCUMSTANCES, IT CANNOT BE SAI D THAT THERE IS MISTAKE IN THE ORDER OF THE TRIBUNAL IN UPHOLDIN G ASSESSEES CLAIM OF DEDUCTION U/S 80IA(4). THEREFORE, THERE B EING NO MISTAKE IN THE ORDER OF THE TRIBUNAL, M.AS. FILED B Y THE DEPARTMENT DO NOT HAVE ANY MERIT, ACCORDINGLY, THEY ARE DISMISSED. 4. IN THE RESULT, M.AS. FILED BY DEPARTMENT ARE DI SMISSED. PRONOUNCED IN THE OPEN COURT ON 05/06/2015 UPON CONCLUSION OF HEARING. SD/- SD/- (P.M. JAGTAP) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 5 TH JUNE, 2015 KV 3 M.A. NOS.64 TO 66/HYD/2015 VIJAY INFOTECH VENTURES COPY TO:- 1) DCIT, CIRCLE -10(1), ROOM NO. 515, 5 TH FLOOR, A BLOCK, INCOME TAX TOWERS, AC GUARDS, HYDERABAD. 2) M/S VIJAY INFOTECH VENTURE, 104, GROUND FLOOR, SURYA TOWERS, SP ROAD, SECUNDERABAD. 3) CIT(A)-VI, HYDERABAD 4) CIT-V, HYDERABAD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYD.
