Income Tax Appellate Tribunal - Hyderabad
Srinivas Civil Works Private Limited, ... vs Department Of Income Tax on 13 October, 2014
IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCH "B", HYDERABAD
BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER
AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER
M.A. No. 132/H/2014
(in ITA No. 352/HYD/2012
Assessment Year: 2008-09)
Dy. Commissioner of Income-tax, ... Applicant
Circle - 3(2), Hyderabad
Vs.
M/s Srinivasa Civil Works Pvt. Ltd., ...Respondent
Hyderabad.
Revenue by : Shri B. Ramakrishna
Assessee by : Shri S. Rama Rao
Date of Hearing : 19/09/2014
Date of Pronouncement : 13/10/2014
ORDER
PER ASHA VIJAYARAGHAVAN, J.M.:
By this Miscellaneous Application the assessee has brought to our notice that the order of ITAT in ITA No. 352/Hyd/2012 dated 31/12/2013 for assessment year 2008-09 is incorrect. It has been stated in the M.A. that the actual ground taken by the assessee has not been adjudicated and the relief granted of "Exclusion of Recoveries"
was granted without the assessee raising a specific ground.
2. We find that a mistake has crept in the order of Tribunal in allowing reduction of recoveries from the gross receipts. In these 2 MA No. 132/Hyd/14 Srinivasa Civil Works Pvt. Ltd.
circumstances, we recall the order of Tribunal dated 31/12/2013 and direct the Registry to fix the date of hearing on 15/01/2015. Accordingly, notice of hearing to the parties may be issued to the parties.
3. In the result, M.A. filed by the assessee is allowed.
Pronounced in the open court on 13/10/2014.
Sd/- Sd/-
(P.M. JAGTAP) (ASHA VIJAYARAGHAVAN)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Hyderabad, Dated: 13 th October, 2014.
kv Copy to:-
1. Srinivasa Civil W orks Pvt. Ltd., C/o Sri S. Rama Rao, Advocate, Flat No. 102, Shriya's Residency, Road No. 9, Himayatnagar, Hyderabad.
2. DCIT, Circle - 3(2), Hyderabad.
3. CIT(A)-IV, Hyderabad 4 CIT-III, Hyderabad 5 The DR, ITAT, Hyderabad