HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 347 of 2014 Date: 11.06.2014 Between:
The Commissioner of Income Tax-IV, Hyderabad.
… Appellant And M/s. Object Connect India Pvt., Ltd., Hyderabad.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 347 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Mr. Prasad, learned counsel for the appellant, and gone through the impugned judgment and order of the learned Tribunal.
It appears that the learned Tribunal has followed the decision of the Delhi High Court in the case of CIT vs. Usha International
[1]
Limited , wherein an identical issue has been decided. It has also taken note of the judgment of its coordinate Bench on the same issue.
Mr. Prasad says that the decision of the Delhi High Court has application to the facts and circumstances of the case. However, he contends that the learned Tribunal should have interfered with the fact finding of the lower authorities, as the same is perverse.
We are of the view that this point of perversity should have been agitated before the learned Tribunal at the first instance and it cannot be agitated before us. Therefore, we ignore the submission of the learned counsel for the appellant.
The appeal is accordingly dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 11.06.2014 ES
[1] ITA.No.2026 of 2010, dated 21.09.2012.