ACIT, Cir-16(3), Hyderabad v. M/s. Priyadarshini Spinning Mills Ltd, Hyderabad

MA 127/HYD/2011 | misc
Pronouncement Date: 24-02-2012 | Result: Allowed

Appeal Details

RSA Number 12722524 RSA 2011
Assessee PAN AABCP2284K
Bench Hyderabad
Appeal Number MA 127/HYD/2011
Duration Of Justice 7 month(s) 24 day(s)
Appellant ACIT, Cir-16(3), Hyderabad
Respondent M/s. Priyadarshini Spinning Mills Ltd, Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 24-02-2012
Appeal Filed By Department
Order Result Allowed
Bench Allotted A
Tribunal Order Date 24-02-2012
Assessment Year misc
Appeal Filed On 30-06-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH HYDERABAD BEFORE CHANDRA POOJARI ACCOUNTANT MEMBER & SMT. ASHA VIJAYARAGHAVAN JUDICIAL MEMBER MA NO.127/HYD/2011 ITA NO.1170/HYD/2009 ASSESSMENT YEAR 2005-06 THE ACIT CIRCLE 16(3) HYDERABAD VS M/S PRIYADARSHINI SPINNING MILLS LTD. HYDERABAD (PAN AABCP 2284 K) APPELLANT RESPONDENT APPELLANT BY : SHRI V. SRINIVAS RESPONDENT BY : NONE DATE OF HEARING : 10.2.2012 DATE OF PRONOUNCEMENT : 24.2.2012 ORDER PER ASHA VIJAYARAGHAVAN JM . BY THIS MISCELLANEOUS THE REVENUE SEEKS THE RECALL OF THE ORDER OF THE TRIBUNAL VIDE ORDER DATED 3.1.2011 IN ITA NO.1170/HYD/2009 FOR THE ASSESSMENT YEAR 2005-06. 2. BRIEF FACTS OF THE CASE ARE THAT M/S PRIYADARSH INI SPINNING MILLS LTD. THE ASSESSMENT U/S 143(3) WAS COMPLETE D FOR THE ASSESSMENT YEAR 2005-06 ON 18.12.2007 AND DISALLOWA NCE OF COMMISSION PAYMENTS MADE ON EXPORT SALES OF RS.50 5 0 070/- ON THE PROVISIONS OF SECTION 40(A)(I) OF THE ACT W AS MADE. THE ASSESSEE PREFERRED APPEAL TO THE CIT(A) V HYDERAB AD WHO ALLOWED THE APPEAL. AGGRIEVED BY THE DECISION OF T HE CIT(A) THE REVENUE PREFERRED APPEAL BEFORE THE TRIBUNAL VIDE APPEAL IN ITA NO.1170/HYD/2009. MA NO.127/H/2011 (IN ITA NO.1170/H/2009) PRIYADARSHINI SPINNING MILLS LTD. HYDERABAD 2 3. THE TRIBUNAL VIDE THEIR ORDER DATED 3 RD JANUARY 2011 DISMISSED THE APPEAL OF THE REVENUE IN LIMINE HOLDI NG AS UNDER: WE FIND THE TAX EFFECT IN THIS APPEAL OF THE REVEN UE IS LESS THAN RS.2 LAKHS AND IN VIEW OF INSTRUCTION NO.2 OF 2005 DATED 24.10.2005 ISSUED BY THE CBDT PRESENT APPEAL SHOULD NOT HAVE BEEN PREFERRED BY THE REVENUE. IN THIS VIEW OF THE MATTER PRESENT APPEAL FILED BY THE REV ENUE INVOLVING TAX EFFECT OF LESS THAN RS.2 LAKHS IS NOT MAINTAINABLE BEFORE THE TRIBUNAL. 4. THE REVENUE HAS POINTED OUT THE FOLLOWING MISTA KE WHICH IS APPARENT FROM RECORD BY THIS MA STATING AS FOLLO WS: THE DISALLOWANCE MADE IN THE ASSESSMENT IS RS.50 50 070/- AND THE TAX EFFECT ON THIS DISALLOWA NCE WORKS OUT TO RS.18 47 946/-. THE TRIBUNAL HELD THA T THE TAX EFFECT IS LESS THAN RS.2 LAKHS. THUS THERE IS A MI STAKE APPARENT FROM RECORD. FURTHER THE TRIBUNAL HAS NO T ADJUDICATED ON THE MERITS OF GROUNDS OF THE APPEAL OF THE REVENUE 5. HENCE THE AMOUNTS IN DISPUTE IS DISALLOWANCE OF RS.50 50 070/- U/S 40(A)(I). THE TAX EFFECT OF THE REVENUES APPEAL IS MORE THAN RS.2 LAKHS AND THE PROVISIONS O F INSTRUCTION NO.2 OF 2005 DATED 24.10.2005 ON THE BASIS OF WHICH THE APPEAL IS DISMISSED ARE NOT APPLICABLE TO THE INSTANT CASE . AS THIS IS A MISTAKE OF FACT APPARENT FROM THE RECORD WE CALL T HE ORDER OF THE TRIBUNAL A BENCH IN ITA NO.1170/HYD/2009 DATED 3. 1.2011 FOR THE ASSESSMENT YEAR 2005-06 FOR BEING DISPOSED OFF IN MERITS. MA NO.127/H/2011 (IN ITA NO.1170/H/2009) PRIYADARSHINI SPINNING MILLS LTD. HYDERABAD 3 THE REGISTRY SHALL POST THE CASE FOR HEARING IN DUE COURSE AFTER INTIMATION TO BOTH THE PARTIES. 6. IN THE RESULT THE MA FILED BY THE REVENUE IS A LLOWED. ORDER PRONOUNCED IN THE COURT: 24.2.2012 SD/- SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER DATED THE 24 TH FEBRUARY 2012 COPY FORWARDED TO: 1. THE ACIT CIRCLE 16(3) HYDERABAD 2. M/S PRIYADARSHINI SPINNING MILLS LTD. FLAT NO.208 & 408 NILGIRI ADITYA ENCLAVE AMEERPET HYDERABAD 3. THE CIT(A)-V & IV HYDERABAD 4. THE CIT HYDERABAD 5. THE DR ITAT HYDERABAD NP/