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Income Tax Appellate Tribunal - Hyderabad

Dy. Commissioner Of Income Tax , ... vs Inventaa Industries Private Limited , ... on 23 September, 2021

         IN THE INCOME TAX APPELLATE TRIBUNAL
          HYDERABAD BENCHES "A" : HYDERABAD
              (THROUGH VIDEO CONFERENCE)

       BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER
                         AND
     SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER

                    I.T.A. No. 580/HYD/2020
                    Assessment Year: 2017-18
      Dy. Commissioner of         M/s.Inventaa Industries
      Income Tax,              Vs Private Limited,
      Circle-2(1),                HYDERABAD
      HYDERABAD                   [PAN: AAACI4539B]
           (Appellant)                    (Respondent)

               For Revenue    : Smt. S.Praveena, DR
               For Assessee   : Smt. S.Sandhya, AR

           Date of Hearing            :   16-08-2021
           Date of Pronouncement      :   23-09-2021

                              ORDER

PER S.S.GODARA, J.M. :

This Revenue's appeal for AY.2017-18 arises from the CIT(A)-2, Hyderabad's order dated 18-08-2020 passed in case No.13520/2019-20/CIT(A)-2, in proceedings u/s.143(3) of the Income Tax Act, 1961 [in short, 'the Act'].

Heard both the parties. Case file perused.

2. Coming to the Revenue's sole substantive ground that the CIT(A) has erred in law and on facts holding the assessee's income of Rs.4,70,85,644/- derived from mushroom production as agricultural and therefore exempt u/s.10(1) of the Act, both the learned lower representatives fairly admitted :- 2 -:

that this tribunal's Special Bench's decision in taxpayer's case itself [2018] 95 taxmann.com 162 (Hyderabad - Trib.) (SB) (for AYs.2008-09 onwards) has decided the same against the department. We thus adopt judicial consistency and uphold the CIT(A)'s findings under challenge for this reason alone in absence of any distinction on facts.

3. This Revenue's appeal is dismissed in above terms.

Order pronounced in the open court on 23 rd September, 2021 Sd/- Sd/-

(LAXMI PRASAD SAHU) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 23-09-2021 TNMM :- 3 -:

Copy to :

1.The Deputy Commissioner of Income Tax, Circle-2(1), Hyderabad.

2.M/s.Inventaa Industries Private Limited, Flat No.618 & 619, 6th Floor, Manjeera Majestic Commercial, Opp: JNTU KPHB, Kukatpally, Hyderabad.

3.CIT(Appeals)-2, Hyderabad.

4.Pr.CIT-2, Hyderabad.

5.D.R. ITAT, Hyderabad.

6.Guard File.