Itta/77/2013 Of The Commissioner Of Income Tax-Iv, Hyderabad v. M/S. P.e.s.engineers (P) Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND THE HON’BLE MS. JUSTICE G. ROHINI I.T.T.A. No.77 of 2013 DATE: 25.06.2013 Between: The Commissioner of Income Tax-IV,Hyderabad. … Appellant And M/s. P.E.S. Engineers (P) Ltd.,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE MS. JUSTICE G. ROHINI I.T.T.A No.77 of 2013 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be admitted on the following suggested substantial question of law. “Whether on the facts and in the circumstances of the case,the Tribunal is correct in law in holding that the assessee is entitledfor deduction under Section 80 IB of the Act?” The learned counsel for the appellant contended that the finding of theTribunal that the assessee is entitled for deduction under Section 80 IB of theIncome Tax Act is based on no evidence and hence the impugned order maybe set aside. The learned Tribunal following its earlier order passed in theassessee’s case in ITA.No.1407/Hyd/2011, dated 16.11.2011, dismissed theappeal filed by the revenue by the impugned order. Since the revenue hasnot filed any appeal against the earlier order of the Tribunal passed in favourof the assessee and in the absence of any material to show that the assesseeis not entitled for deduction under Section 80 IB of the Act, we are unable toaccept the contention of the learned counsel for the appellant. We do not findany illegality or infirmity in the impugned order and the appeal is liable to bedismissed. Accordingly, the appeal is dismissed. No costs. _____________________ K.J. SENGUPTA, CJ Date: 25.06.2013 ES ______________ G. ROHINI, J