Assistant Commissioner of Income Tax ,Circle-16(3), Hyderabad V. M/s Pragati Green Meadows and Resorts Private Limited, Hyderabad

MA 78/Hyd/2021

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 1868 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-01-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2009-2010
• Appeal Filed On: 29-10-2021
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: P.SUBBARAJU
• Assessee Lawyers: P.MURALI MOHANA RAO
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 43B; 271(1)(b); 139; 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B” : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER M.A. No.78/HYD/2021 (Arising out of ITA No.266/Hyd/2013) Assessment Year: 2009-10 The Assistant Commissioner of Income Tax, Circle-16(3), HYDERABAD Vs M/s.Pragati Green Meadows and Resorts Private Limited, HYDERABAD [PAN: AACCP5283H] (Appellant) (Respondent) For Revenue : Shri P.Subbaraju, DR For Assessee : Shri P.Murali Mohana Rao, AR Date of Hearing : 17-12-2021 Date of Pronouncement : 04-01-2022 O R D E R PER S.S.GODARA, J.M. : This Revenue’s Miscellaneous Application filed u/s.254(2) of the Income Tax Act, 1961 [in short, ‘the Act’] seeks to recall/rectify tribunal’s order dt.13-05-2021 deleting Section 36(1)(va) disallowance of ESI/PF amounting to Rs.10,06,303/- thereby taking into consideration the relevant amendments made in the Act vide Finance Act, 2021 as well as the relevant explanatory memorandum thereto making it applicable from 01-04-2021 only. Heard both the parties. Case file perused. 2. Learned departmental representative vehemently argued during the course of hearing in tune with the Revenue’s MA No. 78/Hyd/2021 :- 2 -: pleadings that our order has erred in law and on facts in taking note of the foregoing amended provision(s) of the Act as well as the explanatory memorandum thereto despite the fact that the President of the Union gave ascent to the same much later. 3. We are of the opinion that even if Revenue’s stand is taken as correct, the fact remains that the net result would remain the same since the statutory amendment(s) in Section 36(1)(va) and 43B dealing with employees’ and employee’s contribution; have been made applicable with prospective effect only. We thus reject Revenue’s instant Miscellaneous Application. 4. This Revenue’s Miscellaneous Application is dismissed in foregoing terms. Order pronounced in the open court on 4 th January, 2022 Sd/- Sd/- (LAXMI PRASAD SAHU) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 04-01-2022 TNMM MA No. 78/Hyd/2021 :- 3 -: Copy to : 1.The Assistant Commissioner of Income Tax, Circle-16(3), Hyderabad. 2.M/s.Pragati Green Meadows and Resorts Private Limited, 271/A, Road No.10, Banjara Hills, Hyderabad. 3.CIT(Appeals)-V, Hyderabad. 4.CIT-IV, Hyderabad. 5.D.R. ITAT, Hyderabad. 6.Guard File.