The A.P. Mineral Development Corporation Ltd.,, Hyderabad v. ACIT, Circle -2(3), Hyderabad

MA 31/HYD/2012 | misc
Pronouncement Date: 30-03-2012 | Result: Allowed

Appeal Details

RSA Number 3122524 RSA 2012
Assessee PAN AAACT7391N
Bench Hyderabad
Appeal Number MA 31/HYD/2012
Duration Of Justice 1 month(s) 15 day(s)
Appellant The A.P. Mineral Development Corporation Ltd.,, Hyderabad
Respondent ACIT, Circle -2(3), Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 30-03-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 30-03-2012
Assessment Year misc
Appeal Filed On 14-02-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A HYDERABAD BEFORE SMT. ASHA VIJAYARAGHAVAN JUDICIAL MEMBER AND SHRI D.KARUNAKARA RAO ACCOUNTANT MEMBER MISC. APPLN. NO.31/HYD/2012 (IN ITA NO.254/HYD/2009) (ASSESSMENT YEAR 200 4-05) THE A.P. MINERAL DEVELOPMENT CORPORATION LTD. HYDERABAD (PAN - AAACT 7391 N) V/S ASST. COMMISSIONER OF INCOME-TAX CIRCLE 2(3) HYDERABAD (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI V.SIVA KUMAR RESPONDENT BY : SHRI K.VISWANATHAM DATE OF HEARING 30 3.2012 DATE OF PRONOUNCEMENT 30.3.2012 O R D E R PER D.KARUNAKARA RAO ACCOUNTANT MEMBER: BY THIS APPLICATION UNDER S.254(2) OF THE INCOME- 0TAX ACT 1961L THE APPLICANT-ASSESSEE SEEKS RECTIFICATION O F THE ORDER OF THIS TRIBUNAL DTED 24.9.2009 INSOFAR AS IT RELATED TO IT A NO.254/HYD/2009 FOR THE ASSESSMENT YEAR 2004-05 ON THE GROUND THAT CER TAIN MISTAKE APPARENT FROM RECORD HAS CREPT INTO THE SAME. 2. WE HEARD BOTH SIDES AND PERUSED THE ORDER OF TH IS TRIBUNAL DATED 24.9.2009 IN THE LIGHT OF THE AVERMENTS OF TH E APPLICANT IN THIS APPLICATION. THE MISTAKE APPARENT FROM THE ORDER P OINTED OUT BY THE APPLICANT IS IN RELATION TO ALLOWABILITY OF DANGER ZONE EXPENSES AND IT IS WITH REGARD TO RECORDING OF ITS FINDING IN PARA 21 OF THE ORDER DATED 24.9.2009 FOR THE ASSESSMENT YEAR 2004-05 FOLLOWIN G ITS FINDING IN PARA 8 OF THE SAID ORDER FOR THE ASSESSMENT YEAR 2002-03 . ACCORDING TO THE APPLICANT VIDE PARA 8 OF THE ORDER OF THE TRIBUNAL THE DANGER ZONE EXPENSES CLAIMED BY THE ASSESSEE HAVE BEEN ALLOWED FOR THE ASSESSMENT M.A.NO.31/HYD/2012(IN ITA NO.731HYD/07 A.P. MINERAL DEVELOPMENT CORPORATION LTD. HYD 2 YEAR 2002-03 AND HENCE FOLLOWING THE REASONS DISCU SSED IN PARA 8 FOR THE ASSESSMENT YEAR 2002-03 THE TRIBUNAL SHOULD HA VE DELETED THE DISALLOWANCE OF DANGER ZONE EXPENSES FOR THE ASSESS MENT YEAR 2004-05 INSTEAD OF UPHOLDING THE SAME. WE AGREE THAT THERE IS A MISTAKE AS POINTED OUT BY THE ASSESSEE. WE ACCORDINGLY DIRECT THAT THE WORD UPHELD APPEARING IN PENULTIMATE LINE OF PAGE 13 FORMING P ART OF PARA 21 SHOULD BE READ AS DELETED AND THE WORD UPHOLD APPEARIN G IN PENULTIMATE LINE OF PARA 21 ON PAGE 14 SHOULD BE CORRECTED AND REA D AS DELETE. AFTER THE CORRECTIONS AS ABOVE THE PARA 21 SHOULD BE REA D AS FOLLOWS- 21. NOW LET US TAKE UP THE APPEAL OF THE ASSESSEE FO4 THE ASSESSMENT YEAR 2004-05 VIZ. ITA 731/HYD/07 W HEREIN FIRST EFFECTIVE GRIEVANCE OF THE ASSESSEE RELATES T O DISALLOWANCE OF RS.7 30 28 156 SPENT ON DANGER ZONE EXPENSES. WE HAVE ALREADY CONSIDERED A SIMILAR GRO UND WHILE DEALING WITH THE APPEAL OF THE ASSESSEE FOR THE ASS ESSMENT YEAR 2002-03 AND VIDE PARA 8 OF THIS ORDER DELETE D THE DISALLOWANCE MADE FOR THAT YEAR. FACTS AND CIRCUMS TANCES OF THE CASE ARE IDENTICAL FOR THE ASSESSMENT YEAR 2004 -05 AS WELL AND IN FACT THE CIT(A) IN THE IMPUGNED ORDER HAS FOLLOWED HIS ORDER FOR THE PRECEDING TWO YEARS. HE NCE FOR THE REASONS DISCUSSED IN PARA 8 ABOVE WE DELETE THE DISALLOWANCE MADE FOR THE ASSESSMENT YEAR 2004-05 A S WELL. 3. IN THE RESULT MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 30.3.2012 SD/- SD/- ( ASHA VIJAYARAGHAVAN) (D.KARUNAKARA R AO ) JUDICIAL MEMBER. ACCOUNTANT MEMBER. DT/- 30 TH MARCH 2012 M.A.NO.31/HYD/2012(IN ITA NO.731HYD/07 A.P. MINERAL DEVELOPMENT CORPORATION LTD. HYD 3 COPY FORWARDED TO: 1. THE A.P. MINERAL DEVELOPMENT CORPORATION LTD. C/O. M/S. M.BHASKARA RAO & CO. CHARTERED ACCOUNTAN TS 503 GOLDEN GREEN APARTMENTS ERAMANZIL COLONY HYDERABAD 500 082. 2. ASST COMMISSIONER OF INCOME - TAX CIRCLE 2 ( 3 ) HYDERABAD 3. 4. COMMISSIONER OF INCOME-TAX(APPEALS) III HYDERABAD COMMISSIONER OF INCOME-TAX II HYDERABAD 5 . THE DEPARTMENTAL REPRESENTATIVE ITAT HYDERABAD B.V.S.