ACIT, Central Circle-3(1), Hyd, Hyderabad V. Veeyes Investments Pvt Ltd., Hyd, Hyderabad

MA 88/HYD/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5199 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-01-2017
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 13-12-2016
• Court: TRIBUNAL
• Department Lawyers: SITARAMA RAO
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NOS. 86, 87 & 88/HYD/2016 (IN ITA NO. 640, 641 & 681/HYD/2015 ASSESSMENT YEARS: 2007- 08, 2008-09 & 2008-09) ACIT, CENTRAL CIRCLE- 3(1) HYDERABAD VS. M/S VEEYES INVESTMENTS PVT. LTD. HYDERABAD PAN: AABCV6591K (APPLICANT) (RESPONDENT) REVENUE BY : SHRI SITARAMA RAO ASSESSEE BY : SHRI K.C. DEVDAS DATE OF HEARING : 20-01-2017 DATE OF PRONOUNCEMENT : 24-01-2017 ORDER PER P. MADHAVI DEVI, J.M.: ALL THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE REVENUE SEEKING RECALL OF THE ORDERS OF THE TRIBUNA L IN RESPECT OF THE ABOVE APPEALS. IT IS STATED THAT THE ASSESS MENTS FOR A.YS 2007-08 AND 2008-09 HAVE BEEN COMPLETED U/S 143(3) OF THE ACT, BUT THE TRIBUNAL, WHILE DISPOSING OF APPEALS BY THE ASSESSEE FOR THE A.Y. 2002-03 TO 2008-09 BY ITS CO MMON ORDER 31-05-2016, HAS QUASHED ALL THE ASSESSMENTS ON THE GROUNDS THAT THE ASSESSMENTS PASSED U/S 143(3) R.W.S 147 OF THE ACT ARE NOT SUSTAINABLE. 2. IT IS SUBMITTED THAT THE ASSESSMENTS FOR THE ASS ESSMENT YEARS 2007-08 AND 2008-09 HAVE BEEN PASSED U/S 143( 3) OF THE ACT, BUT THE TRIBUNAL HAS DISMISSED THESE APPEALS A LSO M.A NO.86, 87 & 88/HYD/2016 M/S VEEYES INVESTMENTS PVT LTD. HYD PAGE 2 OF 2 PRESUMING THAT THE ASSESSMENTS FOR THESE YEARS ALSO AS ASSESSMENTS U/S 143(3) R.W.S 147 OF THE ACT WHICH I S A MISTAKE APPARENT FROM RECORD AND NEEDS TO BE RECTIFIED. 2. THE LD. DR REITERATED THE CONTENTIONS MADE IN TH E M.AS AT THE TIME OF HEARING. THE LD. COUNSEL FOR THE ASSESS EE ALSO AGREED THAT THE ABOVE APPEALS NEEDS TO BE RECALLED. IN VIEW OF THE SAME, WE DEEM IT FIT AND PROPER TO RECALL THE O RDERS OF THE TRIBUNAL ON 31-05-2016 IN RESPECT OF ITA NO 640, 64 1 & 681/HYD/2015. THESE APPEALS ARE FIXED FOR HEARING DT. 10-04- 2017 AND AS THIS DATE IS ANNOUNCED IN THE PRESENCE OF BOTH PARTIES, NO FRESH NOTICE NEED BE GIVEN FOR HEARING OF THESE APPEALS AFRESH. ACCORDINGLY MAS ARE ALLOWED. 3. IN THE RESULT ALL THE ABOVE MAS ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JANUARY, 2017. SD/- SD/- (S. RIFAUR RAHMAN) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 24 TH JANUARY, 2017. KRK COPY TO:- 1M/S VEEYEES INVESTMENTS PVT LTD., FORTUNE MONARCH MALL, 3 RD FLOOR, PLOT NO. 707-709, JUBILEE HILLS, ROAD NO. 36,HYD-33 2 ACIT, CENTRAL CIRCLE-3,(1) HYD 3) CIT(A)-12, HYDERABAD 4) CIT-CENTRAL, HYDERBAD 5)THE DEPARTMENT REPRESENTATIVE, I.T.A.T., HYD. 6) GUARD FILE.