Itta/751/2014 Of The Commissioner Of Income Tax- Iv v. M/S Prajay Engineers Syndicate Limited

HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRAPRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 751 of 2014 Date: 22.01.2015 Between: The Commissioner of Income Tax-IV,Hyderabad. … Appellant And M/s. Prajay Engineers Syndicate Limited,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 751 of 2014 JUDGMENT:(Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred by the Revenue against thejudgment and order of the learned Tribunal dated 23.07.2012 in relation tothe assessment year 2002-03 on the following suggested questions oflaw. “i. Whether in the facts and circumstances of the case and inlaw, Hon’ble ITAT is justified in holding that discount for ratedifference of 15% from the CPWD rates be allowed to theassessee ignoring the fact that the assessee has never raisedthis issue before lower authorities? ii. Whether in the facts and circumstances of the case and inlaw, Hon’ble ITAT is justified in allowing deduction on account ofself-supervision at 10% to the assessee without appreciating that theassessee has not adduced any evidence to support its claimfor self-supervision?” The issues raised in the aforesaid questions of law have beendealt with by the learned Tribunal in paragraphs 13 and 15 of theimpugned judgment. It appears that the learned Tribunal has decided theissues against the Revenue following the unchallenged decision of theVisakhapatnam Bench on the same issues. It is not argued by Mr. Prasad, learned counsel appearing for theRevenue, that the said decision is not applicable to this case. Underthese circumstances, we think that the judgment impugned herein cannotbe questioned, as the principle of issue estoppel will apply though res judicata is not applicable. The appeal is accordingly dismissed. Pending miscellaneouspetitions, if any, shall also stand dismissed. No order as to costs. ___________________ K.J. SENGUPTA, CJ Date: 22.01.2015ES ___________________ SANJAY KUMAR, J