ACIT, Central Circle-3(1), Hyd, Hyderabad V. Aashi Plywood Industries, Medak, Medak

ITA 1254/HYD/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5875 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 26-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN
• Assessee Lawyers: P MURALI MOHAN RAO
• Keywords: Revision of order
• Section: 143(3); 260A; 263

Judgement Text

ITA NOS 1251 TO 1254 OF 2016 AASH I PLYWOOD INDUSTRIES HYDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NOS.1251 TO 1254/HYD/2016 (ASSESSMENT YEARS: 2006-07 TO 2009-10) ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 9 HYDERABAD VS M/S. AASHI PLYWOOD INDUSTRIES PATANCHERU, MEDAK DISTT. PAN: AADFP 9625 M FOR REVENUE : SMT. U. MINICHANDRAN, DR FOR ASSESSEE : SHRI P. MURALI MOHAN RAO O R D E R PER SMT. P. MADHAVI DEVI, J.M. ALL OF THESE APPEALS ARE FILED BY THE REVENUE FOR T HE A.YS 2006-07 TO 2009-10. IN ALL THESE APPEALS, THE S IMILAR GROUND OF APPEALS RAISED BY THE REVENUE IS AS UNDER: 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE CIT (A) WAS CORRECT IN SETTING ASIDE THE ORDER PASSED BY THE AO U/S 143(3) RWS 263 AND TREATING IT AS INFRUCTUOUS, WHEN REVENUE HAS PREFERRED AN APPEAL U/S 260A BEFORE THE HON'BLE HIGH COURT AGAINST THE ORDER OF THE HON'BLE INCOME TAX APPELLATE TRIBUNAL. 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO OUR NO TICE THAT THE ORDER OF THE CIT U/S 263 OF THE ACT FOR AL L THE A.YS HAS BEEN SET ASIDE BY THE TRIBUNAL VIDE ORDERS DATED 13 .11.2015 IN DATE OF HEARING : 28.12.2016 DATE OF PRONOUNC EMENT : 30.12.2016 ITA NOS 1251 TO 1254 OF 2016 AASH I PLYWOOD INDUSTRIES HYDERABAD. PAGE 2 OF 2 ITA NOS.1041 TO 1045/HYD/2014. THE COPY OF THE SAID ORDER IS PLACED BEFORE US. WE FIND THAT THE CIT (A) HAS TAKE N INTO CONSIDERATION THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL FOR HOLDING THAT THE CONSEQUENTIAL ORDER OF THE ASSESSM ENTS HAS BECOME BAD IN LAW. AGAINST THIS FINDING OF THE CIT (A), THE REVENUE IS IN APPEAL BEFORE US. AS THE VERY BASIS F OR THE CONSEQUENTIAL ASSESSMENT ORDER PASSED U/S 143 (3) R .W.S 263 HAS BEEN QUASHED BY THE TRIBUNAL, THE CONSEQUENTIAL ORD ER HAS NO LEGS TO STAND. IN VIEW OF THE SAME, REVENUES APPEA LS FOR ALL THE A.YS ARE DISMISSED. 3. IN THE RESULT, REVENUES APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH DECEMBER, 2016. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 30 TH DECEMBER, 2016. VINODAN/SPS COPY TO: 1 ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1) 7 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 04. 2 M/S. AASHI PLYWOOD INDUSTRIES, PLOT NO.5,6,7,18,1 9 & 20 IDA PATACHERU, MEDAK 3 CIT (A)-1 HYDERABAD 4 PR. CIT (CENTRAL CIRCLE) HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER