PRINCIPAL COMISSIONER OF INCOME TAX V. M/S.DEEPAK INFRATECH PRIVATE LIMITED

ITTA/288/2018

AI Insights

The case involves an appeal by the Principal Commissioner of Income Tax against M/s Deepika Infratect Private Limited concerning the assessment year 2009-2010. The appeal was directed against the order of the Income Tax Appellate Tribunal, Hyderabad, which itself was an appeal from the order of the Commissioner of Income Tax (Appeals)-II, Hyderabad. The core issue pertained to the interpretation and application of certain provisions of the Income Tax Act, 1961, which had been previously addressed in similar cases by higher courts. The appellant's counsel argued based on precedents, but the court found these precedents adequately addressed the issues at hand, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 719902 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 09-10-2023
• Assessment Year: misc
• Other Referred Cases: C.L. Vs. Manjunatha Cotton & Ginning Factory, CIT Vs. SSA's Emerald Meadows
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: J V PRASAD
• Keywords: Appeal; Assessment Year 2009-2010; High Court; Income Tax; Income tax appellate tribunal; Legal Precedents; Supreme Court
• Section: 260-A

Judgement Text

"[3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD [,4ONDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY INCOME TAX TRIBUNAL APPEAL No: 288 ol 2018 lncome Tax Tribunal Appeal Under Section 260-4 of the Income Tax Act, 1961 arising out of the order of the lncomelax Appellate Tribunal, Hyderabad Bench ,A' Hyderabad, in l.T.A.No.1 155lHydl2o14, dated 12-01-2018 Assessment year 2009- 2010 preferred against the Order of the Commissioner of lncome Tax (Appeals)-ll, Hyderabad, ITA No.0121/ClT (A)-ll, Hyd/2012-13 dated.21-03-2014, preferred against the Order of the Assistant Commissioner of lncome Tax Circle 1(2), dated 14-06-2012. Between: Principal Commissioner of lncome Tax-S, 10th floor, Signature Towers, Opp Botanical Garden, kothaguda, kondapur, Hyderabad. ...Appellant AND M/s- Deepika lnfratect Private Limited, 8-2-686tctDl5, Road no.12, Banjara hi s, Hyderabad-500034 (Pan No.AABCD981 8R) ...Respondent Counsel for the Appellant: SRI J.V. PRASAD, SENIOR COUNSEL Counsel for the Respondent: None Appeared The Court made the following: ORDER I I I I I I THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY I-T.T.A.No.288 of 2O18 ORDER:[\"', ti')t ti ';tt.lts t,t P.SAM KoSHY) This appt'itl Ltlt(ler Sectiorl 260-A of the Income Tax Act, i961, l'ras bccn llletl .rssailirlg tlrc' order, dated 12'O 1 2018 passed by the lnconrt' 't'ax . ppe1latc 'l-ribunal, Hyderabad Bench 'A\" Hyderalrad, i:r I 'l'.A Nos.7C>lI1tdl20 ler and 1 1 55/ Hyderabad /2014 for the Asscsstnt'll1 Year 2OOq 201O. 2. After goirrg throttgh tl.rc f:rcts o[ the case and submissions made by the lcartrcrl counsel fcrr the appellant, we find that the issue invoh,ecl rn this appeal is laicl to rest by the decision of the High Court ol l(anrataka in C.L?. Vs. Manjunatha Cotton & Ginning Factoryl . We also fincl that the same issue further stands decided and confirmecl b1' 1i1s Hon'ble Supreme Court in C'I'T' Vs' SSA's Emera ld Meadows2. 3. In vieu' of t h e given facts and circumstances of the case, particularly tzrking note of the dec:isions of the Hon'ble Supreme Court and also ll-tc Higl-r Court of I(arnataka in the aforesaid trvo judgments, u e rlo ttot hncl ar-rv substantial question of law made I [20131 359 llll 5(rs / 201 0 2 l2O16) 73 Tarltttitr t rt. cortl 218 (SC) r out b1, the appellant in the appeal and the appeal fails Accordir-rgly, this appeal is rejected. No order as to costs. 4. Consequently, miscellaneous petitions pending, if anv, shall stancl closed. Sd/- C.V. MALLIKARJUNA VARMA JOINT REGISTRAR //TRUE COPY// %E , &.F PSK,J 6L LNA,J \":at, I.T.T.A.No.288 of 2018 @ 2 To, SECTION OFFICER 1. The lncome-tax Appellate Tribunal, Hyderabad Bench'A' Hyderabad 2. The Commissioner of lncome Tax (Appeals)-ll, Hyderabad 3. The Assistant Commissioner of lncome Tax Circle 1(2), Hyderabad 4- One CC to SRI J.V. PRASAD, Advocate [OPUC] 5. Two CD Copies kam HIGH COURT DATED:0911012023 ORDER ITTA.No.288 of 2018 THE APPEAL IS REJECTED $E S',rA ( [ ] ilou 2023 7 .. . +. .1. n; i; p...1q,$ft:i,,..2 ' i -,*.----,,i-v rq .: "