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M/S Vipanchi Chit Funds Private ... vs Department Of Income Tax

Income Tax Appellate Tribunal9 January 2015

Ratio decidendi

The rule this decision rests on

A single appeal by the Revenue that combines separate assessment years, where separate appeals are required for each assessment year, is defective and not maintainable and is liable to be dismissed on that ground.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNALHYDERABAD BENCH 'B', HYDERABADBEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBERAND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBERITA No.1/Hyd/2014(Assessment years 2006-07 to 2009-10)

Income Tax Officer Ward 15(3), V/s. M/s. Vipanchi Chit Funds Pvt. Ltd., Hyderabad Hyderabad.

( PAN - AAACV 8243 K)

(Appellant) (Respondent)

Appellant by : Shri Rajat Mitra DR

Respondent by : Smt. Shilpa Mainyar

Date of Hearing 08.01.2015 Date of Pronouncement 09.01.2015

ORDER

Per P.M.Jagtap, Accountant Member:

Against a common order of the learned Commissioner of Income-tax(Appeals) II, Hyderabad dated 3.10.2013 for four assessment years, i.e. assessment year 2006-07 to 2009-10, the Revenue has filed this single appeal as against separate appeals that should have been filed by the Revenue for each of the four years involved. A defect notice in this regard has already been issued to the department on 17.2.2014 pointing out that separate appeals should be filed for each assessment year involved.

2. At the time of hearing before us, the learned Departmental Representative has informed that the Department is in the process of rectifying the defect by filing four separate appeals for the relevant assessment years. He has also informed that the Department is also going to move applications for condonation of delay in the filing of such appeals. He, however, has accepted that 2 ITA No. 1/Hyd/2014 M/s. Vipanchi Chit Funds Pvt. Ltd., Hyderabad.

the present appeal filed by the Revenue, being defective, is not maintainable, and the same is liable to be dismissed. Accordingly, this appeal of the Revenue is dismissed as not maintainable.

3. In the result, appeal of the Revenue is dismissed.

` ``

Order pronounced in the court on 9th January, 2015

Sd/- Sd/-

(Asha Vijayaraghavan) (P.M.Jagtap) Judicial Member Accountant Member

Dt/- 9th January, 2015

Copy forwarded to:

1. M/s. Vipanchi Chit Funds Pvt. Ltd., Flat No.607, Babu Khan Estate, Basheerbagh, Hyderabad.

2. Income Tax Officer Ward 15(3), Hyderabad

3. Commissioner of Income-tax(Appeals) II Hyderabad

4. Commissioner of Income-tax I, Hyderabad

5. Departmental Representative, ITAT, Hyderabad.

B.V.S

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