DCIT, Central Circle-2(3), Hyd, Hyderabad V. HST Steels Pvt Ltd., Hyd, Hyderabad

MA 97/HYD/2015

• Counselvise Citation: [2016] 112 COUNSELVISE.COM (IT) 5104 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-08-2016
• Appeal Filed By: Assessee
• Bench Allotted: DB-B
• Next Hearing Date: 01-07-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 14-09-2015
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Assessee Lawyers: T CHAITANYA KUMAR
• Keywords: Tax effect
• Section: 260A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER M.A. NO. 97/HYD/2015 (ARISING OUT OF ITA NO. 570/HYD/2014) ASSESSMENT YEAR: 2009-10 DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD VS M/S. HST STEELS PVT LTD HYDERABAD [PAN: AAACH5992B] (APPLICANT) (RESPONDENT) FOR REVENUE : SHRI K.J. RAO, DR FOR ASSESSEE : SHRI T. CHAITANYA KUMAR, AR DATE OF HEARING : 26-08-2016 DATE OF PRONOUNCEMENT : 26-08-2016 O R D E R PER B. RAMAKOTAIAH, A.M. : THIS MISCELLANEOUS APPLICATION IS PREFERRED BY THE REVENUE IN ITA NO. 570/HYD/2014 AGAINST THE ORDER OF THE LEAR NED COMMISSIONER OF INCOME-TAX (APPEALS)-I, HYDERABAD, D ATED 31-01-2014 FOR AY. 2009-10. 2. AT THE TIME OF HEARING THE LD. DR HAS PLACED ON REC ORD A LETTER DATED 25-06-2016 SIGNED BY ITO(JDL)-III, HYDE RABAD 2 M.A. NO. 97/HYD/2015 REQUESTING FOR THE PERMISSION TO WITHDRAW THE SAID MISC ELLANEOUS APPLICATION BY REQUESTING AS UNDER: THE ADDL.CIT, CR-2, HYDERABAD HAS NOW STATED THAT THERE IS NO MISTAKE APPARENT FROM RECORD IN THE IMPUGNED ITAT O RDER WHICH FOLLOWED ITS OWN ORDER IN THE ASSESSEES CASE FOR AYS. 2007- 08 & 2008-09. THE HIGH COURT DISMISSED THE APPEALS FILED U/S. 260A BY THE DEPARTMENT AGAINST THE ITAT ORDER FOR AYS. 2007-08 & 2008-09 A ND REVIEW PETITIONS ARE PENDING BEFORE THE HIGH COURT. THE ITAT DISMIS SED MISCELLANEOUS APPLICATIONS FILED BY THE DEPARTMENT AGAINST THE IT AT ORDER FOR AYS. 2007-08 & 2008-09 ON THE GROUND THAT ITS ORDER MERG ED WITH ORDER OF THE HIGH COURT. FURTHER, THE TAX EFFECT IN THIS CASE I S ONLY RS. 6,75,745/- WHICH IS BELOW THE MONETARY LIMIT PRESCRIBED IN CBD T CIRCULAR NO. 21/2015, DATED 10.12.2015. IN VIEW OF THE ABOVE, I AM DIRECTED TO FORWARD THE PROPOSAL OF THE PR. CIT(CENTRAL), HYDERABAD TO WITHDRAW THE MISCELL ANEOUS APPLICATION FILED BEFORE THE ITAT MAY BE CONSIDERED AND WITHDRA WAL OF MA MAY KINDLY BE AUTHORIZED (A COPY OF THE LETTER RECEIVED FROM THE PR.CIT(C), HYDERABAD IS ENCLOSED). 3. THE LEARNED AUTHORISED REPRESENTATIVE OF ASSESSEE D ID NOT RAISE ANY OBJECTION TO SUCH PRAYER. WE, THEREFORE, PER MIT THE REVENUE TO WITHDRAW ITS MISCELLANEOUS APPLICATION, WHI CH HEREBY STANDS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, MISCELLANEOUS APPLICATION OF REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 26 TH AUGUST, 2016 UPON COMPLETION OF HEARING SD/- SD/- (P. MADHAVI DEVI) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBE R HYDERABAD, DATED 26 TH AUGUST, 2016 TNMM 3 M.A. NO. 97/HYD/2015 COPY TO : 1. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCL E-2(3), HYDERABAD. 2. M/S. HST STEELS PVT. LTD., PLOT NO. 40/A, IDA BA LANAGAR, HYDERABAD. 3. CIT (APPEALS)-I, HYDERABAD. 4. CIT-CENTRAL, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.