ITO, Ward 6 (3), Hyderabad v. Hindustan Ratna, Hyderabad

MA 41/HYD/2011 | misc
Pronouncement Date: 15-07-2011 | Result: Allowed

Appeal Details

RSA Number 4122524 RSA 2011
Bench Hyderabad
Appeal Number MA 41/HYD/2011
Duration Of Justice 4 month(s) 27 day(s)
Appellant ITO, Ward 6 (3), Hyderabad
Respondent Hindustan Ratna, Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 15-07-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted B
Tribunal Order Date 15-07-2011
Date Of Final Hearing 13-05-2011
Next Hearing Date 13-05-2011
Assessment Year misc
Appeal Filed On 18-02-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH HYDERABAD BEFORE SHRI G.C. GUPTA VICE PRESIDENT AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER MA NO.41/H/2011 ARISING OUT OF ITA NO.652/H/2010 ASSESSMENT YEAR : 2005-06 THE ITO WARD 6(3) HYDERABAD VS M/S HINDUSTAN RATNA JU HYDERABAD APPELLANT RESPONDENT APPELLANT BY :SHRI B.V. PRASAD REDDY RESPONDENT BY : SHRI B. SAI PRASAD ORDER PER CHANDRA POOJARI A.M. THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE SEEKING RECALL OF THE ORDER OF THIS TRI BUNAL IN ITA NO.652/H/2010 DATED 25.08.2010 AND PERTAINS TO THE ASSESSMENT YEAR 2005-06. 2. WE HAVE HEARD BOTH SIDES AND PERUSED THE MATERI ALS ON RECORD INCLUDING THE ORDER OF THE TRIBUNAL DATED 25.8.2010 IN THE LIGHT OF THE PRESENT MISCELLANEOUS APPLICATION FIELD BY THE REVENUE. BY THE ORDER OF THE TRIBUNAL DATED 25.8.2010 THE DEPARTMENTS APPEAL W AS DISMISSED AS NOT MAINTAINABLE ON THE GROUND THAT TA X EFFECT WAS LESS THAN RS.2 LAKHS. IT IS POINTED OUT BY THE REVENUE THROUGH THE PRESENT MA THAT THE TAX EFFECT INVOLVED IS NOT LESS THAN RS.2 LAKHS BUT RS.8.84 LAKHS. SINCE WE F IND THAT THERE IS MISTAKE APPARENT FROM THE RECORD IN THE OR DER OF THE TRIBUNAL DATED 25.8.2010 IN AS MUCH AS IT HAS N OTED THE TAX EFFECT AS BELOW RS.2 LAKHS WE RECALL OUR O RDER DATED 25.8.2010 AND RESTORE THE APPEAL OF THE REVENUE. R EGISTRY MA NO.41 /H/2010 ARISING OUT OF ITA NO.652/H/2010 M/S HINDUSTAN RATAN JV. 2 IS DIRECTED TO POST THE APPEAL OF THE REVENUE BEING ITA NO.652/H/2010 FOR FRESH HEARING AND DISPOSAL. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION F ILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON: 15.7.2011 SD/- SD/- G.C. GUPTA CHANDRA POOJARI VICE PRESIDENT ACCOUNTANT M EMBER DATED THE 15 TH JULY 2011 COPY FORWARDED TO: 1. THE ITO WARD 6(3) HYDERABAD 2. M/S HINDUSTAN RATNA JV 8-2-203/A4/A14 PLOT NO.39 BN REDDY COLONY ROAD NO.14 BANJARA HILLS HYDERABAD. 3. THE CIT(A) IV HYDERABAD 4. THE CIT HYDERABAD 5. THE DR ITAT HYDERABAD NP/