ITO, Ward-2, Nizamabad, Nizamabad V. J.B. Constructions & Projects, Hyderabad

MA 76/HYD/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3235 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-07-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 05-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITRA
• Assessee Lawyers: P RAVI SESHAGIRI RAO

Judgement Text

MA NO.76 OF 2015 JB CONSTRUCTIONS AND PROJECTS NIZA MABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER & SMT.ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A.NO.76/HYD/2015 (ARISING OUT OF ITA NO.1105/HYD/2011) (ASSESSMENT YEAR: 2008-09) IN COME TAX OFFICER WARD 2 NIZAMABAD VS. M/S. JB CONSTRUCTIONS & PROJECTS NIZAMABAD PAN: AAFFJ 9964 M (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI RAJAT MITRA, DR FOR ASSESSEE : SHRI P. RAVISESHA GIRI RAO DATE OF HEARING : 3.7.2015 D ATE OF PRONOUNCEMENT : 3.7.2015 O R D E R PER SMT. ASHA VIJAYARAGHAVAN, J.M. THIS MISCELLANEOUS PETITION IS PREFERRED BY THE REV ENUE AGAINST THE ORDER OF THE ITAT IN ITA NOS.1162 & 100 5/HYD/2011 DATED 30.05.2014 FOR A.Y 2008-09. 2. THE FACTS ARE THAT ITAT PASSED A COMMON ORDER IN ITA NOS. 1162 & 1005/HYD/2011 DATED 30.05.2014 FOR A.Y 2008- 09 IN THE CASE OF JB CONSTRUCTIONS & PROJECTS, NIZAMABAD. AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO.1005/HYD2011, THE D EPARTMENT HAS FILED APPEALS BEFORE THE JURISDICTIONAL HON'BLE HIGH COURT. THE OFFICE OF THE HIGH COURT OF JUDICATURE RETURNED THE APPEAL WITH THE NOTE POINTING OUT A MISTAKE IN THE ITATS ORDER. MA NO.76 OF 2015 JB CONSTRUCTIONS AND PROJECTS NIZA MABAD PAGE 2 OF 2 3. THE ITAT WHILE PASSING THE ABOVE MENTIONED ORDER HAS MENTIONED THE DATE OF CIT (A) ORDER AS 23.03.2011 O N THE FIRST PAGE OF ITS ORDER INSTEAD OF 28.03.2011 AGAINST WHI CH THE REVENUE FILED APPEALS. SINCE A MISTAKE APPARENT ON RECORD HAS BEEN COMMITTED IN THE ORDER OF THE TRIBUNAL, WE REC TIFY THIS MISTAKE BY SUBSTITUTING PARA NO.1 OF THE ORDER IN I TA NOS.1162 & 1005/HYD/2011 WHICH READS AS UNDER: THESE ARE CROSS APPEALS DIRECTED AGAINST THE ORDER OF THE CIT (A)-VI HYDERABAD DATED 28.03.2011 FOR A.Y 2008-09. 4. IN THE RESULT, M.A. FILED BY THE DEPARTMENT IS A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD JULY, 2015. S D/ - S D/ - (P.M. JAGTAP) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED 3 RD JULY, 2015. VNODAN/SPS COPY TO: 1. INCOME TAX OFFICER WARD 2 NIZAMABAD 2. M/S. JB CONSTRUCTIONS & PROJECTS, SY.NO.128 MADHAV NAGAR, NIZAMABAD 3. CIT(A) IV HYDERABAD 4. CIT V HYDERABAD 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE BY ORDER