The Andhra Sugars Ltd., Tanuku V. THE CIT, Rajahmundry

ITA 227/VIZ/2015

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9767 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 03-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R GOVINDARAJAN
• Assessee Lawyers: C V K PRASAD
• Section: 143(3); 263

Judgement Text

ITA NO.227/VIZAG/2015 M/S. THE ANDHRA SUGARS LTD., TANUKU 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . , $ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./I.T.A.NO.227/VIZAG/2015 ( / ASSESSMENT YEAR: 2010-11) M/S. THE ANDHRA SUGARS LTD., TANUKU VS. THE ACIT, CIRCLE - 1, ELURU [PAN: AAACT6357Q ] ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : SHRI C.V.K. PRASAD, AR / RESPONDENT BY : SHRI R. GOVINDARAJAN, DR / DATE OF HEARING : 1 9 .10.2016 / DATE OF PRONOUNCEMENT : 21.10.2016 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY REVENUE IS DIRECTED AGAINST T HE ORDER OF CIT(A), RAJAHMUNDRY DATED 31.3.2015 FOR THE ASSESSM ENT YEAR 2010-11. ITA NO.227/VIZAG/2015 M/S. THE ANDHRA SUGARS LTD., TANUKU 2 2. FACTS ARE IN BRIEF THAT THE ASSESSEE COMPANY ENG AGED IN THE BUSINESS OF MANUFACTURE OF SUGAR AND ALLIED PRODUCT S FILED A RETURN OF INCOME BY DECLARING TOTAL INCOME OF ` 76,80,84,010/-. THE RETURN FILED BY THE ASSESSEE WAS PROCESSED U/S 143(1) OF THE INC OME TAX ACT, 1961 (HEREINAFTER CALLED AS 'THE ACT') AND ASSESSMENT WA S COMPLETED U/S 143(3) OF THE ACT FOR DETERMINING TOTAL INCOME AT ` 80,69,45,884/-. THEREAFTER, THE COMMISSIONER WHILE EXERCISING THE P OWER U/S 263 OF THE ACT ISSUED A SHOW CAUSE NOTICE AND PASSED AN ORDER U/S 263 OF THE ACT DATED 31.3.2015 DIRECTED TO RE-DO THE ASSESSMENT. CONSEQUENTLY, THE A.O. HAS PASSED THE ASSESSMENT ORDER U/S 143(3) R.W .S. 263 OF THE ACT BY ASSESSING THE TOTAL INCOME AT ` 77,50,70,756/-. 3. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT IN THE CONSEQUENTIAL OR DER PASSED BY THE A.O., SUBSEQUENT TO THE ORDER U/S 263 OF THE ACT PA SSED BY THE LD. COMMISSIONER, NO ADDITION IS MADE AND SUBMITTED THA T THE SAID ORDER IS BAD IN LAW, THEREFORE THE SAME MAY BE QUASHED. 4. ON THE OTHER HAND, THE LD. D.R. HAS RELIED ON TH E ORDER PASSED BY THE CIT(A). 5. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE MATER IALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHOR ITIES BELOW. WE FIND ITA NO.227/VIZAG/2015 M/S. THE ANDHRA SUGARS LTD., TANUKU 3 THAT IN THIS CASE ORIGINALLY ASSESSMENT WAS COMPLET ED U/S 143(3) OF THE ACT BY DETERMINING TOTAL INCOME AT ` 80,69,45,884/-. SUBSEQUENTLY, THE LD. COMMISSIONER PASSED AN ORDER U/S 263 OF THE ACT AND DIRECTED THE A.O. TO RE-DO IT. THE A.O. AS PER THE DIRECTIONS G IVEN BY THE LD. COMMISSIONER PASSED AN ORDER U/S 263 R.W.S. 143(3) OF THE ACT BY ASSESSING INCOME AT ` 77,50,70,756/-. WE FIND THAT CONSEQUENT TO THE ORDER PASSED BY THE LD. COMMISSIONER U/S 263 OF THE ACT, THE A.O. HAS COMPLETED THE ASSESSMENT AND NO ADDITION IS MADE. IN VIEW OF THE ABOVE, WHETHER THE ORDER PASSED BY THE LD. COMMISSI ONER U/S 263 OF THE ACT IS IN ACCORDANCE WITH LAW OR NOT IS A MERE ACADEMIC FOR THE REASON THAT BY VIRTUE OF THE ORDER PASSED BY THE LD . COMMISSIONER, NO PREJUDICE IS CAUSED TO THE ASSESSEE. IN OUR OPINIO N, TO ADJUDICATE THIS APPEAL IS MERE ACADEMIC AND THEREFORE THE SAME IS D ISMISSED. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 21 ST OCT16. SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 21.10.2016 VG/SPS ITA NO.227/VIZAG/2015 M/S. THE ANDHRA SUGARS LTD., TANUKU 4 '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT M/S. THE ANDHRA SUGARS LTD., VEN KATARAYAPURAM, TANUKU, WEST GODAVARI DIST. 2. / THE RESPONDENT THE CIT, RAJAHMUNDRY 3. ) ( ) / THE CIT(A), RAJAHMUNDRY 4. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 5 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM