DCIT, Hyderabad v. M/s SP Software Pvt Ltd, Hyderabad

ITA 77/HYD/2010 | 2006-2007
Pronouncement Date: 09-04-2010 | Result: Dismissed

Appeal Details

RSA Number 7722514 RSA 2010
Assessee PAN AACCS8407N
Bench Hyderabad
Appeal Number ITA 77/HYD/2010
Duration Of Justice 2 month(s) 21 day(s)
Appellant DCIT, Hyderabad
Respondent M/s SP Software Pvt Ltd, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 09-04-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 09-04-2010
Date Of Final Hearing 31-03-2010
Next Hearing Date 31-03-2010
Assessment Year 2006-2007
Appeal Filed On 18-01-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A HYDERABAD BEFORE SHRI G.C. GUPTA VICE PRESIDENT AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER ITA NO.77/HYD/2010 A.Y.: 2006-07 THE DCIT CIRCLE 3(2) HYDERABAD VS. M/S S.P. SOFTWARE (P) LTD. HYDERABAD (PAN AACCS 8407 N) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI H. PHANI RAJU D.R. RESPONDENT BY: SHRI MOHAMMED AFZAL 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)-IV HYDERABAD DATED 23.10.2 009 AND PERTAINS TO THE ASSESSMENT YEAR 2006-07. 2. THE REVENUE RAISED THE FOLLOWING GROUNDS: THE CIT(A) ERRED IN ALLOWING DEPRECIATION ON A FICT ITIOUS ASSET WHERE AS AN ASSET HAS TO BE ACQUIRED BY THE ASSESSEE FOR ENT ITLEMENT OF DEPRECIATION. 3. AFTER HEARING FROM BOTH THE PARTIES WE ARE OF THE OPINION THAT THIS ISSUE WAS CONSIDERED BY THIS TRIBUNAL A BE NCH VIDE ITS ORDER DATED 30.9.2009 IN ASSESSEES OWN CASE ON EARLIER ASSESSMENT YEARS 2001-2002 TO 2003-04 IN ITA NO.534/HYD/2008 AND ITA NOS.151 TO 153/HYD/2009 AND ALLOWED THE CLAIM OF THE ASSESSEE ON THI S ISSUE. FOLLOWING THE ABOVE ORDER OF THIS TRIBUNAL WE DISMI SS THE REVENUE 2 2 APPEAL. THE REGISTRY IS DIRECTED TO ENCLOSE THE EARLIER ORDER CITED SUPRA ALONG WITH THIS ORDER FOR READY REFERENCE. 4. IN THE RESULT THE REVENUE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT : 9. 4.2010 SD/- SD/- G.C. GUPTA CHANDRA POOJARI VICE PRESIDENT ACCOUNTANT MEMBER DATED THE 9 TH APRIL 2010 COPY FORWARDED TO: 1. M/S S.P. SOFTWARE (P) LTD. 1-10-45/46/1 CHIKOTI GARDENS BEGUMPET HYDERABAD 2. DY. CIT CIRCLE 3(2) HYDERABAD 3. CIT(A)- IV HYDERABAD. 4. CIT HYDERABAD 5. THE D.R. ITAT HYDERABAD. NP