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Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ Bench, Hyderabad
Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony
Per Smt. P. Madhavi Devi, J.M.
Both are assessee’s appeals for the A.Y 2010-11 against the order of the CIT (A)-5, Hyderabad, dated 31.12.2015 and 24.05.2017 respectively. ITA No.557/Hyd/2016 is against the assessment order passed u/s 143(3) of the Act and confirmed by the CIT (A); while ITA No.1277/Hyd/2017 is against the assessment order passed u/s 143(3) r.w.s. 263 of the I.T. Act.
At the time of hearing, the learned Counsel for the assessee submitted that both the orders of the CIT (A) are ex- parte of the assessee for non-appearance of the assessee and not on merits. He, therefore, prayed that the issue may be set aside to the file of the CIT (A) or AO as the AO has disallowed the R&D expenditure for want of details and the assessee has the
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ITA Nos 557 of 2016 and 1277 of 2017 Deccan Health Care - Hyderabad.
necessary evidence in support of its R&D expenditure and the AO would have to verify the same.
The learned DR was also heard.
Having regard to the rival contentions and the material on record, we deem it fit and proper to set aside the issue to the file of the AO with a direction to the assessee to file the necessary details of R&D expenditure before the AO and the AO is directed to consider the allowability of such expenditure after verification of the same. Needless to mention that the assessee shall be given a fair opportunity of hearing.
In the result, both the appeals of the assessee are treated as allowed for statistical purposes. Order pronounced in the Open Court on 27th November, 2019.
Sd/- Sd/- (A. MOHAN ALANKAMONY) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
Hyderabad, dated 27th November, 2019. Vinodan/sps
Copy to:
1 Deccan Health Care P Ltd C/o P. Murali & Co. C.As, 6-3- 655/2/3, 1st Floor, Somajiguda, Hyderabad 500082 2 Dy. CIT, Circle 1(2) Hyderabad 3 CIT (A)-5 Hyderabad 4 Pr. CIT – 5 Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File
By Order
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