Dr. Reddy's Laboratories Ltd., Hyd, Hyderabad V. Asst.Director of Income Tax, International Taxation-I, Hyderabad

MA 65/Hyd/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1223 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 12-10-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 18-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K R SEKHAR
• Section: 206AA

Judgement Text

MA 64 A ND 65 OF 2018 DR REDDYS LAB. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NOS. 64 & 65/HYD/2018 (ARISING OUT OF ITA NOS.827 & 828/HYD/2015) (ASSESSMENT YEAR: 2011-12 & 2012-13) DR. REDDYS LABORATORIES LTD, HYDERABAD PAN:AAACD7999Q VS ASSTT. DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION- 1) HYDERAHBAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI K.R. SEKHAR FOR REVENUE : SHRI SUNKU SRINIVASU, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. BOTH THESE M.AS ARE FILED BY THE ASSESSEE U/S 254(2 ) OF THE I.T. ACT, SEEKING RECTIFICATION OF THE ALLEGED MISTAKES IN THE ORDERS OF THE TRIBUNAL DATED 28.2.2018 FOR THE A.YS 2011-12 AND 2012-13 RESPECTIVELY. 2. THE FIRST MISTAKE POINTED OUT BY THE ASSESSEE IS THAT THERE WERE 28 TRANSACTIONS AS PER THE ORDER U/S 201 A OF THE ACT WHICH WERE TO BE CONSIDERED U/S 206AA OF THE ACT, W HEREAS THE TRIBUNAL ERRONEOUSLY HAS MENTIONED THE TRANSACTIONS AS ONLY 15. THEREFORE, THE ASSESSEE PRAYED FOR A CORRIGENDUM TO RECTIFY THE WORDING 15 TRANSACTIONS TO 28 TRANSACTIONS. DATE O F HEARING : 12.10.2018 DATE OF PRONOUNCEMENT: 28.11.2018 MA 64 A ND 65 OF 2018 DR REDDYS LAB. PAGE 2 OF 2 3. WE HAVE GONE THROUGH THE ABOVE ORDER AND FIND TH E TRANSACTIONS INVOLVED ARE 28 AND NOT 15. THEREFORE, WE MODIFY OUR ORDER IN PARA 3 AND 7 MODIFYING THE NUMBER OF TRANS ACTIONS FROM 15 TO 28. THE ORDER IS MODIFIED ACCORDINGLY. 4. FURTHER, THE SECOND MISTAKE POINTED OUT BY THE ASSESSEE IS THAT IT HAS RAISED GROUNDS 2 AND 3 WHIC H WERE NOT DISPOSED OF BY THE TRIBUNAL AND THEREFORE, THERE IS A MISTAKE APPARENT FROM THE RECORD. WE HAVE GONE THROUGH THE ORDER OF THE TRIBUNAL AND FIND THAT THESE GROUNDS WERE NOT DISPO SED OF AND ACCORDINGLY WE RECALL THE ORDER OF THE TRIBUNAL FOR DISPOSAL OF THE GROUNDS 2 AND 3. THE REGISTRY IS DIRECTED TO FIX TH E APPEAL FOR HEARING IN DUE COURSE. 5. IN THE RESULT, M.AS FILED BY THE ASSESSEE ARE AL LOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH NOVEMBER, 2018. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 28 TH NOVEMBER, 2018. VINODAN/SPS COPY TO: 1 DR.REDDYS LABORATORIES LTD, 8-2-337 ROAD NO.3, B ANJARA HILLS, HYDERABAD 500034 2 ASSTT. DIRECTOR OF INCOME TAX, (INTL.TAXATION)-I, IT TOWERS, AC GUARDS, HYDERABAD 3 CIT (A)-X HYDERABAD 4 CIT (IT&TP) HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER