The DCIT, Circle-3(1), Visakhapatnam, Visakhapatnam V. M/s Bharat Heavy Plates & Vessels Ltd., Visakhapatnam

ITA 106/VIZ/2012

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5922 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 10 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 09-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: TH L PETER

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI J.SUDHAKAR REDDY, AM AND SHRI SAKTIJIT DEY, JM ITA NO.106/VIZAG/2012 : ASST.YEAR 2007-2008 THE DY.COMMISSIONER OF INCOME - TAX CIRCLE 3(1) VIASKHAPATNAM. VS. M/S. BHARAT HEAVY PLATES & VESSELS LTD. BHPV POST, VISAKHAPATNAM. PAN : AAACB7076N. (APPELLANT) (RESPONDENT) CO NO.12/VIZAG/2012 : ASST.YEAR 2007-2008 M/S.BHARAT HEAVY PLATES & VESSELS LTD. BHPV POST, VISAKHAPATNAM. VS. THE DY.COMMISSIONER OF INCOME - TAX CIRCLE 3(1) VIASKHAPATNAM ( CROSS OBJECTOR ) (RESPONDENT) REVENUE BY : SHRI T.H.L.PETER, CIT ASSESSEE BY : SHRI I.KAMASASTRY DATE OF HEARING : 0 4 .03 .2014 DATE OF PRONOUNCEMENT : 0 5 .0 3 .2014 O R D E R PER J.SUDHAKAR REDDY (AM) : THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-I, VISAKHAPATN AM, DATED 30.12.2011, ON THE FOLLOWING GROUND:- 1. THE LD.CIT(A) HAS ERRED IN DELETING THE ADDITIO N MADE ON ACCOUNT OF PRIOR PERIOD EXPENDITURE IN AS MUCH AS A N APPEAL WAS FILED ON THIS ISSUE BEFORE HONOURABLE HIGH COURT OF ANDHRA PRADESH IN THE ASSESSEES CASE FOR AY 2002-03. 2. AFTER HEARING RIVAL CONTENTIONS ON A PLAIN READI NG OF THE GROUND, WE FIND THAT THE GRIEVANCE OF THE REVENUE IS AGAINST THE DECISIO N OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE EARLIER ASSESSMENT YEAR, WHICH IS DISPUTED BY IT IN THE HIGH COURT. SUCH A GROUND CANNOT BE COUNTENANCED. AS ADMITTEDLY THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE, BY THE DECISION OF THE TRIB UNAL IN ASSESSEES OWN CASE FOR THE EARLIER ASSESSMENT YEAR, WE RESPECTFULLY FOLLOW THE SAME AND DISMISS THE APPEAL OF THE REVENUE. ITA NO.106& CO 12/VIZAG/2012 M/S.BHARAT HEAVY PLATES & VESSELS LTD. 2 3. THE CROSS OBJECTION READ AS FOLLOWS:- 1. THAT THE CIT(A) IS PERFECTLY JUSTIFIED IN DELET ING THE ADDITION OF RS.99,65,000/- MADE BY THE LD.AO TOWARDS PRIOR P ERIOD EXPENDITURE, WHEREAS ACTUALLY THE AMOUNT WAS OFFERE D AS INCOME AND THE LOSS FOR THE YEAR IS REDUCED IN THE PROFIT & LOSS ACCOUNT. 4. THE ASSESSEE IS SUPPORTING THE ORDER OF THE LEAR NED CIT(A) BY EXPLAINING THAT IN FACT IT WAS INCOME EARNED BY WAY OF REDUCTI ON IN EXPENDITURE AND THAT THE CIT(A) IS JUSTIFIED IN DELETING THE ADDITION. AS TH E GROUND OF THE REVENUE IS NOT ON THE LINES TAKEN BY THE ASSESSEE IN THE CROSS OBJECT ION, WE DO NOT FIND ANY REASON TO SEPARATELY ADJUDICATE THE SAME. SUFFICE TO SAY, AS THE GROUND OF THE REVENUE HAS BEEN DISMISSED FOR THE REASON THAT THEY DISPUTED TH E PROPOSITION LAID DOWN IN THE TRIBUNAL ORDER OF THE EARLIER YEAR, THE CROSS OBJEC TION NEED NOT BE ADJUDICATED SEPARATELY. 5. IN THE RESULT, THE REVENUES APPEAL AS WELL AS A SSESSEES CROSS OBJECTION ARE DISMISSED. ORDER PRONOUNCED ON THIS 5 TH DAY OF MARCH, 2014. SD/- SD/- ( SAKTIJIT DEY ) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER VISAKHAPATNAM; DATED : 5 TH MARCH, 2014. DEVDAS* COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT, VISAKHAPATNAM. 4. CIT(A) I, VISAKHAPATNAM. 5. DR, ITAT, VISAKHAPATNAM. 6. GUARD FILE. BY ORDER, //TRUE COPY// (SENIOR PRIVATE SECRETARY) ITAT, VISAKHAPATNAM