Itta/406/2013 Of Commissioner Of Income Tax-Iii v. Rithwik Projects Private Limited
High Court
11 Sep 2013 In favour of: Assessee
Forum / Bench
High Court · taphc
Parties
Itta/406/2013 Of Commissioner Of Income Tax-Iii v. Rithwik Projects Private Limited
Date of order
11 Sep 2013
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Itta/406/2013 Of Commissioner Of Income Tax-Iii v. Rithwik Projects Private Limited, the High Court (2013) dismissed the appeal. The decision went in favour of the assessee.
Decision: Accordingly, the appeal is dismissed. _____________________ K.J.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE K.C. BHANU
I.T.T.A. No. 406 of 2013
DATE: 11.09.2013
Between:
Commissioner of Income Tax-III,Hyderabad.
… Appellant
And
M/s. Rithwik Projects Private Ltd.,Hyderabad.
… Respondent
This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE K.C. BHANU
I.T.T.A. No. 406 of 2013
JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
We have heard Sri B. Narasimha Sarma, learned counsel for theappellant, and gone through the impugned judgment and order of the learnedTribunal.
The learned Tribunal has found that the assessing officer has attemptedto decide a debatable issue under Section 154 of the Income Tax Act, 1961.
It is settled principle of law that debatable issue cannot be rectified inexercise of jurisdiction under Section 154 of the Act. Therefore, the decisionof the learned Tribunal is correct in law and we do not find any reason tointerfere with the same.
Accordingly, the appeal is dismissed.
_____________________
K.J. SENGUPTA, CJ
________________
K. C. BHANU, J
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