THE ACIT, CIRCLE - 2(1), Visakhapatnam V. PSV Jaya Lakshmi, Visakhapatnam

ITA 267/VIZ/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1186 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 21-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D KOMALI KRISHNA
• Assessee Lawyers: C V S MURTHY
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

ITA NO.267/VIZAG/2014 & CO NO.19/VIZAG/2016 SMT. P.S.V. JAYALAKSHMI, VISAKHAPATNAM 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.267/VIZAG/2014 ( / ASSESSMENT YEAR: 2008-09) ACIT, CIRCLE - 2(1) VISAKHAPATNAM VS. SMT. P.S.V. JAYALAKSHMI VISAKHAPATNAM [ P AN: ACFPJ 5565N ] ( % / APPELLANT) ( &'% / RESPONDENT) C.O. NO.19/VIZAG/2016 (ARISING OUT OF I.T.A.NO.267/VIZAG/2014) ( / ASSESSMENT YEAR: 2008-09) SMT. P.S.V. JAYALAKSHM I VISAKHAPATNAM VS. ACIT, CIRCLE - 2(1) VISAKHAPATNAM ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : SMT. D. KOMALI KRISHNA, DR / RESPONDENT BY : SHRI C.V.S. MURTHY, A.R. / DATE OF HEARING : 25.04.2016 / DATE OF PRONOUNCEMENT : 06.05.2016 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER OF THE CIT(A), VISAKHAPATNAM, DATED 12.3.2014 FOR THE ASSESSMENT Y EAR 2008-09 AND THE CROSS APPEAL IS FILED BY THE ASSESSEE IN SUPPOR T OF ORDER OF CIT(A). ITA NO.267/VIZAG/2014 & CO NO.19/VIZAG/2016 SMT. P.S.V. JAYALAKSHMI, VISAKHAPATNAM 2 2. FACTS ARE IN BRIEF THAT IN THIS CASE THE ASSESSM ENT WAS ORIGINALLY COMPLETED U/S 143(3) OF THE INCOME TAX ACT, 1961 (H EREINAFTER CALLED AS 'THE ACT') ON 31.12.2010 ACCEPTING THE RETURN OF IN COME. SUBSEQUENTLY, AN ORDER WAS PASSED U/S 263 OF THE ACT DATED 21.11. 2011. AS PER THE ORDER PASSED U/S 263 OF THE ACT, THE ORIGINAL ASSES SMENT ORDER PASSED U/S 143 OF THE ACT WAS SET ASIDE WITH A DIRECTION T O PASS A CONSEQUENTIAL ORDER AS PER THE ORDER PASSED U/S 263 OF THE ACT DA TED 21.11.2011. CONSEQUENT THERETO, THE A.O. HAS PASSED AN ORDER U/ S 143 R.W.S. 263 OF THE ACT. BEFORE THE CIT(A), IT WAS SUBMITTED THAT AGAINST THE ORDER PASSED BY THE COMMISSIONER U/S 263 OF THE ACT DATED 21.11.2011, APPEAL WAS CARRIED TO ITAT I.E. ITA NO.372/VIZAG/20 11 & NO.18/VIZAG/2012 DATED 6.3.2014 AND SUBMITTED THAT THE HONBLE ITAT HAS SET ASIDE THE ORDER PASSED BY THE CIT U/S 263 O F THE ACT AND RESTORED THE ASSESSMENT ORDER PASSED U/S 143 OF THE ACT FOR THE ASSESSMENT YEAR UNDER CONSIDERATION. IN VIEW OF TH E ABOVE, THE LD. CIT(A) HAS SET ASIDE THE ORDER PASSED BY THE A.O. U /S 143(3) R.W.S. 263 OF THE ACT. 3. WE FIND NO REASON TO INTERFERE WITH THE ORDER PAS SED BY THE COMMISSIONER. THIS APPEAL FILED BY THE REVENUE IS DISMISSED. ITA NO.267/VIZAG/2014 & CO NO.19/VIZAG/2016 SMT. P.S.V. JAYALAKSHMI, VISAKHAPATNAM 3 4. SO FAR AS THE CROSS APPEAL RAISED BY THE ASSESSE E IS CONCERNED, IN VIEW OF THE DISMISSAL OF THE APPEAL FILED BY THE RE VENUE, THE CROSS OBJECTION FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND HENCE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A S WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 6 TH MAY16. SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 06.05.2016 VG/SPS '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE ACIT, CIRCLE-2(1), VISAKHAPA TNAM 2. / THE RESPONDENT SMT. PSV JAYALAKSHMI, D.NO.10-5 0-23, CHAYA, SIRIPURAM, VISAKHAPATNAM 3. ) / THE CIT, VISAKHAPATNAM 4. ) ( ) / THE CIT(A), VISAKHAPATNAM 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM