Deputy Commissioner of Income tax, Hyderabad v. M/s Nayagara Technologies Limited, R.R.Dist

ITA 187/HYD/2010 | 2004-2005
Pronouncement Date: 14-07-2010 | Result: Allowed

Appeal Details

RSA Number 18722514 RSA 2010
Assessee PAN AAACN7992F
Bench Hyderabad
Appeal Number ITA 187/HYD/2010
Duration Of Justice 5 month(s) 9 day(s)
Appellant Deputy Commissioner of Income tax, Hyderabad
Respondent M/s Nayagara Technologies Limited, R.R.Dist
Appeal Type Income Tax Appeal
Pronouncement Date 14-07-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted A
Tribunal Order Date 14-07-2010
Date Of Final Hearing 14-07-2010
Next Hearing Date 14-07-2010
Assessment Year 2004-2005
Appeal Filed On 04-02-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A HYDERABAD BEFORE SHRI N.R.S. GANSAN JUDICIAL MEMBER AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER ITA.187/HYD/2010 ASSESSMENT YEAR 2004-05 DCIT CIRCLE 16 (1) HYDERABAD VS M/S NAYAGARA TECHNOLOGIES LTD. HYDERABAD (PAN AAACN 7992 F) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI C.S. PARTHA SARATHI DR RESPONDENT BY : NONE O R D E R PER: CHANDRA POOJARI ACCOUNTANT MEMBER: THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED A GAINST THE ORDER PASSED BY THE CIT(A)V HYDERABAD DATED 19/11/20 09 AND PERTAINS TO THE ASSESSMENT YEAR 2004-05.. 2. THE REVENUE RAISED THE FOLLOWING GROUNDS: 1. THE CIT(A) ERRED IN FACTS AND IN LAW IN CANCELLING THE PENALTY SINCE THE ASSESSEE DID NOT DISCHARGE THE ONUS OF PRODUCING EV IDENCE IN SUPPORT OF EXPENSES/DEDUCTION CLAIMED IN SPITE OF AMPLE OPP ORTUNITIES AT VARIOUS LEVELS AND STAGES. 2. THE CIT(A) ERRED IN FACTS AND IN LAW IN CANCELLING THE PENALTY AS IT IS CONTRADICTORY TO THE DECISION OF THE CIT(A) IN DECI DING THE QUANTUM APPEAL WHERE IT WAS HELD THAT THE ASSESSEE DID NOT DISCHARGE THE ONUS TO PROVE THE LOSS/DEBIT IN PROFIT AND LOSS ACCOUNT. 3. IN SPITE OF ISSUE OF NOTICE TO THE ASSESSEE NONE AP PEARED ON BEHALF OF THE ASSESSEE BEFORE US ON THE DATE OF HEARING . HENCE WE ITA NO.187/H/2010 M/S NAYAGRA TECHNOLOGIES LTD. HYDERABAD 2 PROCEEDED TO DECIDE THE CASE AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE. 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITT ED THAT THE QUANTUM ISSUE WAS ALREADY SET ASIDE BY THE CIT(A) TO T HE FILE OF ASSESSING OFFICER. HENCE THE ISSUE OF PENALTY MAY ALSO BE SET ASIDE TO THE FILE OF ASSESSING OFFICER FOR FRESH CONSIDERATION. 5. WE AGREED TO THE REQUEST OF THE DEPARTMENTAL REPRESENTATIVE. ACCORDINGLY WE SET ASIDE THE PENALTY MATTER TO THE FILE OF ASSESSING OFFICER TO PASS FRESH PENALTY ORDERS AFTER DECID ING THE QUANTUM ISSUE BEFORE HIM. 6. IN THE RESULT THE APPEAL OF THE REVENUE IS ALLO WED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT :14.7.2010 SD/- SD/- N.R.S. GANESAN CHANDRA POOJARI JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 14 TH JULY 2010. COPY FORWARDED TO: 1. M/S NAYAGARA TECHNOLOGIES LTD. LALGADI MALAKPET NEAR ALIABAD VILLAGE RR DISTRICT. 2. DCIT CIRCLE 16 (1) HYDERABAD 3. CIT(A)-V HYDERABAD. 4. CIT HYDERABAD 5. THE D.R. ITAT HYDERABAD. NP