ACIT, Circle-13(1), Hyderabad v. M/s Suresh Productions, Hyderabad

ITA 1430/HYD/2014 | 2008-2009
Pronouncement Date: 11-03-2021 | Result: Dismissed

Appeal Details

RSA Number 143022514 RSA 2014
Assessee PAN AAJFS7306J
Bench Hyderabad
Appeal Number ITA 1430/HYD/2014
Duration Of Justice 6 year(s) 6 month(s) 10 day(s)
Appellant ACIT, Circle-13(1), Hyderabad
Respondent M/s Suresh Productions, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 11-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB-B
Tribunal Order Date 11-03-2021
Date Of Final Hearing 06-04-2021
Next Hearing Date 06-04-2021
Last Hearing Date 12-06-2018
First Hearing Date 29-03-2018
Assessment Year 2008-2009
Appeal Filed On 01-09-2014
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI SMT. P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER ITA NO. 1430/HYD/2014 A.Y. 2008 - 09 ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 13(1) HYDERABAD. VS. M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD. PAN: AAJFS 7306 J (APPELLANT) (RESPONDENT) C.O. NO. 79/HYD/2014 (IN ITA NO. 1430/HYD/2018) A.Y. 2008 - 09 M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD. PAN: AAJFS 7306 J VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 13(1) HYDERABAD. (APPELLANT / CROSS - OBJECTOR ) ( APPELLANT IN APPEAL ) ITA NO. 1431/HYD/2014 A.Y. 2009 - 10 ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 13(1) HYDERABAD. VS. M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD. PAN: AAJFS 7306 J 2 (APPELLANT) (RESPONDENT) C.O. NO. 81/HYD/2014 (IN ITA NO. 1431/HYD/2018) A.Y. 2009 - 10 M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD. PAN: AAJFS 7306 J VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 13(1) HYDERABAD. APPELLANT / CROSS - OBJECTOR) (APPELLANT IN APPEAL) ASSESSEE BY: SHRI K.C. DEVDAS REVENUE BY: SHRI SUNIL KUMAR PANDEY. DATE OF HEARING: 08/03/2021 DATE OF PRONOUNCEMENT: 11 /03/2021 ORDER PER A. MOHAN ALANKAMONY A.M: THE CAPTIONED APPEALS ARE FILED BY THE REVENUE AND THE CROSS OBJECTIONS ARE FILED BY THE ASSESSEE. ALL THESE APPEALS ARISE OUT OF THE ORDERS OF THE LD. CIT(A) - V HYDERABAD IN APPEAL NOS. 0235 & 0230/ADDL. CIT R - 13/CIT(A) - V/2013 - 14 DATED 31/3/2014 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE AYS 2008 - 09 AND 2009 - 10 RESPECTIVELY . 3 2. AT THE OUTSET LD. AR SUBMITTED BEFORE US THAT THERE IS A DELAY OF 32 DAYS IN FILING THE CROSS OBJ ECTIONS BEFORE THE TRIBUNAL. IN THIS REGARD THE ASSESSEE HAD FILED AN AFFIDAVIT SEEKING CONDONATION OF DELAY WHEREIN THE REASONS FOR NOT FILING THE CROSS OBJECTIONS WITHIN THE PRESCRIBED TIME LIMIT WAS EXPLAINED. FOR REFERENCE THE RELEVANT PORTION FROM THE AFFIDAVIT IS EXTRACTED HEREIN BELOW: - .. 2SINCE THE WORKING PARTNER HAS BEEN AWAY FROM THE CITY ON PERSONAL GROUNDS ATTENDING ON HIS FATHER FOR MEDICAL TREATMENT THE CROSS OBJECTIONS COULD NOT BE FILED WITHIN THE SPECIFIED TIME. CONSEQUENTLY THERE IS A DELAY OF 30 DAYS IN PRESENTING THE CROSS OBJECTIONS.. 3. ON PERUSAL OF THE AFFIDAVIT S FILED BY THE ASSESSEE WE ARE OF THE VIEW THAT THERE IS A JUSTIFIABLE REASON FOR NOT FILING THE C O S WITHIN THE PRESCRIBED TIME AND THEREFORE IN THE INTEREST OF JUSTICE WE HEREBY CONDONE THE DELAY OF 32 DAYS IN THE FILING ALL BOTH CROSS OBJECTIONS BEFORE THE TRIBUNAL AND PROCEED TO ADJUDICATE THE COS ON MERITS. 4. AT THE OUTSET LD.AR SUBMITTED BEFORE US THAT FOR THE BOTH THE AYS THE ASSESSE E HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME AND HAS FILED FORM NO.1 & 2 AND FORM NO.3 IS ALSO ISSUED BY THE REVENUE . IT WAS THEREFORE PLEADED THAT THE APPEAL S OF THE REVENUE MAY BE DISMISSED. 4 5 . THE LD. DR SUBMITTED BEFORE US THAT IF THE APPEALS OF THE REVENUE ARE DISMISSED THEN LIBERTY MAY BE GRANTED TO REINSTATE THE APPEALS OF THE REVENUE IF THE APPLICATIONS FILED BY THE ASSESSEE FOR AVAILING THE BENEFIT UNDER VIVAD - SE - VISHWAS SCHEME ARE REJECTED BY THE REVENUE SUBSEQUENTLY. 6. HAVING RE GARD TO THE FACTS AND CIRCUMSTANCES OF THE CASES WE ARE INCLINED TO DISMISS THE APPEALS OF THE REVENUE SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME FOR THE A.Y. 2008 - 09 AND 2009 - 10 BY FILING FORM NO.1 & 2 AND HAS ALSO RECEIVED FOR M NO.3 FROM THE REVENUE. HOWEVER WE ALSO MAKE IT CLEAR THAT IF THE ASSESSEES CASE / S ARE NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE THEN AS REQUESTED BY THE LD. DR THE REVENUE SHALL BE A T LIBERTY TO FILE MISCELLANEOUS PETITION /S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL / S. IT IS ORDERED ACCORDINGLY. 7 . WITH REGARD TO THE ASSESSEES CROSS OBJECTIONS SINCE WE HAVE DISMISSED THE REVENUES AP PEALS CONSIDERING THE ASSESSEES REQUEST TO AVAIL VIVAD - SE - VISHWAS SCHEME BOTH THE CROSS OBJECTIONS FILED BY THE ASSESSEE DO NOT SURVIVE. 5 8 . IN THE RESULT BOTH THE APPEAL S OF THE REVENUE AS WELL AS BOTH THE CROSS OBJECTION S OF THE ASSESSEE ARE DISMISSED . PRONOUNCED IN THE OPEN COURT ON THE 11 TH MARCH 2021. SD/ - SD/ - (SMT. P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD DATED: 11 TH MARCH 2021. OKK COPY TO: - 1) (I) M/S. SURESH PRODUCTIONS RAMANAIDU STUDIOS FILMNAGAR JUBILEE HILLS HYDERABAD. (II) SURESH PRODUCTIONS D.NO. 8 - 2 - 293/82/J/111/6 RAMANAIDU STUDIOS JUBILEE HILLS HYDERABAD 500 033. 2) (I) ASST. COMMISSIONER OF INCOME TAX CIRCLE - 13(1) 2 ND FLOOR AAYAKAR BHAVAN BASHEERBAGH HYDERABAD. 3) (I) THE COMMISSIONER OF INCOME TAX - V HYDERABAD. 4) (I) THE CIT - I HYDERABAD. 5) THE DR ITAT HYDERABAD 6) GUARD FILE