Manne Hareesh, Hyderabad V. Income Tax Officer,Ward - 6(2), Hyderabad

MA 84/Hyd/2021

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5817 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-12-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2012-2013
• Appeal Filed On: 14-11-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A” : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER M.A. No.84/HYD/2021 (Arising out of ITA No.92/Hyd/2021) Assessment Year: 2012-13 Manne Hareesh, HYDERABAD [PAN: ADMPM6479L] Vs Income Tax Officer, Ward-6(2), HYDERABAD (Appellant) (Respondent) For Assessee : Shri CA T.Rama Murthy, AR For Revenue : Shri P.Sumitha, DR Date of Hearing : 17-12-2021 Date of Pronouncement : 22-12-2021 O R D E R PER S.S.GODARA, J.M. : This assesseee’s Miscellaneous Application filed u/s.254(2) of the Income Tax Act, 1961 [in short, ‘the Act’] to recall/rectify Tribunal’s order dt.16-08-2021 upholding the learner lower authorities’ action making the twin disallowances of marketing staff salaries and bad debts; involving varying sums, respectively. Heard both the parties. Case file perused. 2. We notice with the able assistance of both the parties at the outset that the tribunal’s impugned order is very much a detailed one wherein both the foregoing substantive grievances have been considered at length whilst affirming the learned lower authorities’ action in this regard. We thus quote hon'ble MA No. 84/Hyd/2021 :- 2 -: apex court’s landmark decision in ACIT Vs. Saurashtra Stock Exchange Ltd. 305 ITR 227 (SC) and hold that the assessee’s instant Miscellaneous Application tends to make us re-visit review the factual findings already recorded not permissible in law. We also refer to their lordships latest decision in the case of CIT Vs. M/s.Reliance Telecom Ltd., Civil Appeal Nos.7110 & 7111 of 2021 vide order dt.03-12-2021 to this effect. The assessee’s instant Miscellaneous Application deserved to be rejected as our order cannot be stated to be suffering from any apparent mistake on record therefore. 3. This assessee’s Miscellaneous Application is dismissed in foregoing terms. Order pronounced in the open court on 22 nd December, 2021 Sd/- Sd/- (LAXMI PRASAD SAHU) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 22-12-2021 TNMM MA No. 84/Hyd/2021 :- 3 -: Copy to : 1.Manne Hareesh, C/o.CA. Rama Murthy Tejomurtula, 103, Sita Mansion, 1-10-104/14, Mayur Marg, Begumpet, Hyderabad. 2.The Income Tax Officer, Ward-6(2), Hyderabad. 3.CIT(Appeals)-6, Hyderabad. 4.Pr.CIT-6, Hyderabad. 5.D.R. ITAT, Hyderabad. 6.Guard File.