DCIT, Circle-3(2), Hyderabad v. Sitara Technologies (P) Ltd, Hyderabad

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B' HYDERABAD BEFORE SHRI CHANDRA POOJARI ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN JUDICIAL MEMBER M.A. NO. 175/HYD/2011 IN ITA NO. 1205/HYD/2009 (ASSESSMENT YEAR : 2004-05) DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-3(2) HYDERABAD VS. M/S. SITARA TECHNOLOGIES PVT. LTD. HYDERABAD PAN: AAFCS0768P APPELLANT RESPONDENT APPELLANT BY: SHRI B.V. PRASAD REDDY RESPONDENT BY: SHRI A.V. RAGHU RAM DATE OF HEARING: 3 0.03.2012 DATE OF PRONOUNCEMENT: 30 .03.2012 O R D E R PER CHANDRA POOJARI AM: THIS MISCELLANEOUS APPLICATION (MA) BY THE REVENUE ARISES OUT OF THE ORDER OF THE TRIBUNAL DATED 25 TH FEBRUARY 2011 IN I.T.A. NO. 1205/HYD/2009 FOR A.Y. 2004-05. 2. IN THIS MA THE DEPARTMENT'S GRIEVANCE IS THAT THE TRIBUNAL OUGHT TO HAVE DECIDED THE ISSUE ON MERIT INSTEAD OF DISMISSING THE APPEAL BY PLACING RELIANCE ON INSTRUCTION NO. 2 OF 2005 DATED 24.10.2005 ISSUED BY THE CBDT. 3. THE LEARNED DR SUBMITTED THAT THE TAX EFFECT IN THE SE APPEALS IS MORE THAN RS. 3 LAKHS AND THE ABOVE ORDE R OF THE TRIBUNAL SHOULD BE RECALLED TO DECIDE THE ISSUE ON MERIT. 4. THE LEARNED COUNSEL FOR THE ASSESSEE DID NOT SERIOU SLY OPPOSE THE ARGUMENT OF THE DR. M.A. NO. 175/HYD/2011 M/S. SITARA TECHNOLOGIES (P) LTD. ========================= 2 5. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL AVAILABLE ON RECORD AND ALSO THE ORDER OF THE TRIBU NAL. WE FIND MERIT IN THE ARGUMENT OF THE LEARNED DR. CONSIDERI NG THE FACTS AND CIRCUMSTANCES OF THE CASE WE ARE INCLINED TO R ECALL THE ORDER OF THE TRIBUNAL. ACCORDINGLY THE ORDER OF THE TRI BUNAL IN I.T.A. NO. 1205/HYD/2009 DATED 25 TH FEBRUARY 2011 IS HEREBY RECALLED AND THE ABOVE DEPARTMENTAL APPEAL IS RESTORED ON THE FI LE OF THE TRIBUNAL. THE APPEAL IS POSTED FOR HEARING ON 17.7 .2012. NO FURTHER NOTICE OF HEARING SHALL BE SENT TO THE PART IES AS THE DATE OF HEARING WAS ANNOUNCED IN THE OPEN COURT AND THIS OR DER ITSELF WOULD SERVE AS A NOTICE OF HEARING. 6. IN THE RESULT MA FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH MARCH 2011. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD DATED THE 30 TH MARCH 2012 COPY FORWARDED TO: 1. THE DEPUTY COMMISSIONER OF INCOME - TAX CIRCLE - 3(2) HYDERABAD. 2. M/S. SITARA TECHNOLOGIES PVT. LTD. 3 - 6 - 361/16 103 SURABHI NEST HIMAYATHNAGAR HYDERABAD. 3. THE CIT (A) TIRUPATI 4. THE CIT - 3 HYDERABAD. 5. THE DR B BE NCH ITAT HYDERABAD TPRAO