Itta/208/2014 Of The Commissioner Of Income Tax (Central v. Madhucon Projects Ltd

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No.208 of 2014 DATED:21.3.2014 Between:The Commissioner of Income Tax (Central),Hyderabad. … Appellant And M/s. Madhucon Projects Ltd.,Hyderabad. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No.208 of 2014 Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred and admitted on the following suggested question of law: 1. Whether on the facts and in the circumstances of thecase and in law, the Hon’ble ITAT was justified in not deciding theissue on merits in this appeal for the reason that it has givencertain directions on this issue in the appeals by the assesseeagainst the orders of the CIT passed under Section 263 of theIncome Tax Act, without appreciating that the directions given inthe order under Section 263 of the Income Tax Act were not withinthe scope of the appeal against the order under Section 263 of theIncome Tax Act ? We have heard Mr. J.V. Prasad, learned counsel for the appellantand have gone through the impugned judgment and order of the learnedTribunal. The learned Tribunal in exercise of its discretion has estimated theincome at 8% on the main contract receipts and 5% on the sub-contractreceipts. Thereafter, the learned Tribunal has disallowed any furtherdeduction on account of depreciation and remanded the matter forworking out on estimation. We do not find any reason to interfere with the judgment and orderof the learned Tribunal. Accordingly, we dismiss the appeal. No costs. __________________ K.J. SENGUPTA, CJ __________________ SANJAY KUMAR, J 21[st] March, 2014 pnb