Asma Estates & Investments Private Limited, Secunderabad V. Deputy Commissioner Of Income Tax Central Circle-3(4), Hyderabad

MA 81/Hyd/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3615 (ITAT-HYDERABAD)
• Duration Of Justice: 8 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-07-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB-A
• Assessment Year: 2014-2015
• Appeal Filed On: 07-11-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 69B

Judgement Text

MA Nos 81 to 83 of 2022 ASMA Estates and Investments P Ltd Page 1 of 3 आयकर अपीलȣय अͬधकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ B‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member M.A. No.81/Hyd/2021 (Arising out of ITA No.782/Hyd/2020 Assessment Year: 2014-15 ASMA Estates & Investments (P) Ltd, Secunderabad PAN:AAICA2191F Vs Dy. CIT Central Circle 3(4) Hyderabad (Appellant) (Respondent) M.A. Nos.82 & 83/Hyd/2021 (Arising out of ITA No.784 & 785/Hyd/2020 Assessment Years: 2015-16 & 2016-17 M/s. S.V. Multi Logitech (P) Ltd, Secunderabad PAN:AASCS7131D Vs Dy. CIT Central Circle 3(4) Hyderabad Assessee by : Shri P. Murali Mohan Rao, CA Revenue by: Dr. M. Narmada, DR (CIT) Date of hearing: 08/07/2022 Date of pronouncement: 08/07/2022 ORDER Per Laliet Kumar, J.M These three M.A.s are filed by the assessee praying that the Tribunal has not mentioned the grounds raised by the assessee in the common order by the Tribunal dated 15.7.2021 for the above noted assessee . MA Nos 81 to 83 of 2022 ASMA Estates and Investments P Ltd Page 2 of 3 2. The learned AR had submitted that the assessee has prayed in the Miscellaneous Applications that the order passed by the Tribunal may be recalled. However, the assessee is now restricting his claim in the M.A to the limited extent of “mentioning of various grounds raised in the ITA No.782/Hyd/2020, ITA No.784 & 785/Hyd/2020”. 3. Per contra, the learned DR submitted that there is no necessity to allow the Miscellaneous Application as mere mention of grounds would not change the outcome of appeals. However, it was specifically mentioned that the Tribunal has only adjudicated the effective grounds pertaining to the issue of section 69B. 4. In rebuttal, the learned AR for the assessee submitted that the assessee is only insisting for mentioning of the grounds and the assessee is not challenging the adjudication of all the grounds by the Tribunal. 5. We have heard the rival contentions and perused the material available on record. Undoubtedly, the Tribunal for obvious reasons has not mentioned the “Grounds Of Appeal” raised by the assessee nor had given number of grounds raised by the assessee. However, since the assessee has now pointed out by way of M.A that ground Nos. 1 to 18 were raised in the appeal in ITA no 782/H/2020 , ground Nos. 1 to 14 were raised in the appeal in ITA no 784/H/2020 and ground Nos. 1 to 14 were raised in the appeal in ITA no 785/H/2020 were required to be mentioned , this being limited prayer pointing out the mistake in the decision , we deem it fit and proper to incorporate the following paragraph in the decision : MA Nos 81 to 83 of 2022 ASMA Estates and Investments P Ltd Page 3 of 3 “Para.1A. In the present case the assessee filed as many as 18 grounds in ITA no 782/H/2020 and 14 each in ITA no 784-85 /H/2020 as per the memo of appeal. However the same are not being mentioned herein for the reasons that the Bench is adjudicating only the ground pertaining to additions made under section 69B of the Act namely Ground no 11 in ITA No 782/H/2020 and, Ground of appeal no 6 in ITAs No 784 and 785 /H/2020 .” 6. In the light of the above. the M.A filed by the assessee is allowed to this limited extent. In the light of the of above the decision of the Tribunal passed on 15/7/2021 is modified and para 1A shall be inserted after para 1 of the decision . 7. In the result, all M.As filed by the assessee are partly allowed. Order pronounced in the Open Court on 8 th July, 2022. Sd/- Sd/- (R.K. PANDA) ACCOUNTANT MEMBER (LALIET KUMAR) JUDICIAL MEMBER Hyderabad, dated 8 th July, 2022. Vinodan/sps Copy to: S.No Addresses 1 Asma Estates & Investments P Ltd C/o P Murali & Co. C.As, 6-3- 655/2/3 Somajiguda, Hyderabad 500082 2 M/s. S.V. Multi Logitech (P) Ltd, C/o P Murali & Co. C.As, 6-3- 655/2/3 Somajiguda, Hyderabad 500082 3 Dy. CIT, Circle 3(4) Hyderabad 4 CIT (A)-11,Hyderabad 5 Pr. CIT-Central, Hyderabad 6 DR, ITAT Hyderabad Benches Guard File By Order