M/s Sri Srinivasa Vidya Parishad, Visakhapatnam V. The ACIT, Range-5, Visakhapatnam

ITA 216/VIZ/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0724 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 26-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S S GOPINATH
• Keywords: Principle of natural justice
• Section: 12A; 11

Judgement Text

SP 4 AND ITA 216 SRINIVASA VIDYA PARISHAD VISAKHAPATNAM PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER SP NO.4/VIZ/2010 ASSESSMENT YEAR: 2006-07 SRINIVASA VIDYA PRAISHAD VS. ACIT RANGE-5 VISAKHAPATNAM VISAKHAPATNAM PAN NO.AABA 58112 P)) (APPELLANT) (RESPONDENT) ITA NO. 216/VIZAG/2010 ASSESSMENT YEAR: 2006-07 SRINIVASA VIDYA PARISHAD VS. ACIT RANGE-5 VISAKHAPATNAM VISAKHAPATNAM (APPELLANT) (PAN NO.AABA 58112 P)) ( RESPONDENT) APPELLANT BY : SHRI G.V.N. HARI, CA RESPONDENT BY : SHRI G.S.S. GOPINATH, DR ORDER PER SHRI B. R. BASKARAN, ACCOUNTANT MEMBER: THE APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 28-01- 2010 PASSED BY LEARNED CIT (A) VISAKHAPATNAM AND IT RELATES TO THE ASSESSMENT YEAR 2006-07. BY FILING THE STAY PETITIO N, THE ASSESSEE PRAYS FOR STAY OF OUTSTANDING AMOUNT OF RS.32,23,119/-. 2. BOTH THE STAY PETITION AS WELL AS APPEAL OF THE ASSESSEE WERE HEARD TOGETHER. WE NOTICE THAT THE ASSESSEES REQUEST FOR GRANT OF EXEMPTION U/S 11 WAS DENIED ONLY FOR THE REASON THAT THE ASSESSEE COULD NOT FILE THE COPY OF THE REGISTRATION CERTIFICATE GRANTED TO IT U/S 1 2A OF THE ACT. BEFORE THE LEARNED CIT (A) ALSO THE ASSESSEE COULD NOT PRODUCE THE COPY OF SAID CERTIFICATE AND HENCE ITS APPEAL WAS DISMISSED BY T HE LEARNED CIT (A). 3. IN THE PAPER BOOK FILED BEFORE US, THE ASSESSEE H AS ENCLOSED A COPY OF REGISTRATION CERTIFICATE GRANTED U/S 12A OF THE ACT. THE LEARNED AR SP 4 AND ITA 216 SRINIVASA VIDYA PARISHAD VISAKHAPATNAM PAGE 2 OF 2 SUBMITTED THAT THE SAID CERTIFICATE HAD BEEN MISPLA CED AND THE SAME COULD BE LOCATED ONLY RECENTLY. THE CLAIM OF EXEMPTION U /S 11 WAS DENIED TO THE ASSESSEE ONLY FOR NON PRODUCTION OF THE SAID CERTIF ICATE. HOWEVER, THE ASSESSEE HAS NOW LOCATED THE REGISTRATION CERTIFICA TE GRANTED U/S 12A AND HENCE IT IS IN A POSITION TO PRODUCE THE SAME BEFOR E THE ASSESSING OFFICER. HENCE, IN THE INTEREST OF NATURAL JUSTICE, WE THINK IT PROPER TO SET ASIDE THE ISSUE BACK TO THE FILE OF THE ASSESSING OFFICER FOR EXAMINATION DE NOVO. ACCORDINGLY THE ORDERS OF THE TAX AUTHORITIES ARE S ET ASIDE. THE ASSESSING OFFICER IS DIRECTED TO COMPLETE THE ASSESSMENT AFRE SH AFTER TAKING INTO ACCOUNT COPY OF REGISTRATION CERTIFICATE GRANTED U/ S 12A AND THE ASSESSEE IS ALSO DIRECTED TO FURNISH THE COPY OF THE SAID CERTI FICATE TO THE ASSESSING OFFICER. 4. IN THE RESULT THE STAY PETITION OF THE ASSESSEE I S DISMISSED AND THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 04 TH JUNE, 2010. SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM, DATE: 04-06-2010 COPY TO 01 M/S SRI SRINIVASA VIDYA PARISHAD, PLOT NO.10, SECTO R 7 MVP COLONY, VISAKHAPATNAM 530 017 02 THE ACIT, RANGE-5, VISAKHAPATNAM 03 THE CIT (A)-VISAKHAPATNAM 04 THE CIT-1, VISAKHAPATNAM 05 THE DR, ITAT, VISAKHAPATNAM 06 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM