Shri Turlapati Srinivasa Rao, Vijayawada V. THE ACIT, CIRCLE-1(1), Vijayawada

ITA 278/VIZ/2012

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0208 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 09-09-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 26-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S N MURTHY
• Assessee Lawyers: SRIRAM MURTHY
• Section: 143(3); 263

Judgement Text

ITA NO.278/VIZAG/2012 TURLAPATI SRINIVASA RAO, VIJAYAWADA 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.278/VIZAG/2012 ( / ASSESSMENT YEAR : 2007-08 ) TURLAPATI SRINIVASA RAO VIJAYAWADA VS. ACIT CIRCLE - 1(1) VIJAYAWADA [ PAN: ACTPT 8630J ] ( & & & & / APPELLANT) ( '(& '(& '(& '(& / RESPONDENT ) & ) / APPELLANT BY : SHRI SRIRAM MURTHY, AR '(& ) / RESPONDENT BY : SHRI T.S.N. MURTHY, DR ) - / DATE OF HEARING : 19.10.2015 ) - / DATE OF PRONOUNCEMENT : 02.12.2015 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER OF CIT, VIJAYAWADA DATED 29.2.2012 FOR THE ASSESSMENT YEAR 2007-08. 2. THE ASSESSEE IS AN INDIVIDUAL DERIVING INCOME FR OM SALARY, HOUSE PROPERTY, CAPITAL GAINS, OTHER SOURCES AND AGRICULT URAL INCOME FILED RETURN OF INCOME ADMITTING TOTAL INCOME OF RS.7,05, 985/-. THE RETURN ITA NO.278/VIZAG/2012 TURLAPATI SRINIVASA RAO, VIJAYAWADA 2 FILED BY THE ASSESSEE WAS PROCESSED U/S 143(1) OF T HE INCOME-TAX ACT, 1961 (HEREINAFTER CALLED AS THE ACT). THEREAFTER , ASSESSMENT WAS COMPLETED U/S 143(3) OF THE ACT BY ORDER DATED 24.1 1.2009 DETERMINING THE TOTAL INCOME AS RS.17,80,990/-. 3. THEREAFTER, THE COMMISSIONER BY EXERCISING HIS P OWER U/S 263 OF THE ACT BY ORDER DATED 29.2.2012 DIRECTED THE A.O. TO MAKE A FRESH ASSESSMENT. IN PURSUANCE TO THE ORDER PASSED BY TH E COMMISSIONER U/S 263 OF THE ACT, THE ASSESSING OFFICER PASSED A CONS EQUENTIAL ORDER DATED 22.5.2012 U/S 143(3) OF THE ACT R.W.S. 263 OF THE A CT. NOW THE ASSESSEE HAS CARRIED THE MATTER IN APPEAL BEFORE THE TRIBUNA L AGAINST THE CONSEQUENTIAL ORDER PASSED BY THE ASSESSING OFFICER DATED 22.5.2012. WE FIND THAT THE ASSESSEE INSTEAD OF CHALLENGING THE ORDER PASSED BY THE COMMISSIONER U/S 263 OF THE ACT DATED 29.2.2012, HE HAD CHALLENGED THE CONSEQUENTIAL ORDER. WE FIND THAT THIS APPEAL I S NOT MAINTAINABLE BECAUSE HE HAS CHALLENGED ONLY THE CONSEQUENTIAL OR DER. THUS, THIS APPEAL FILED BY THE ASSESSEE IS DISMISSED. HOWEVER , IT IS OPEN TO THE ASSESSEE TO QUESTION THE ORDER PASSED BY THE COMMIS SIONER U/S 263 OF THE ACT IN ACCORDANCE WITH LAW. ITA NO.278/VIZAG/2012 TURLAPATI SRINIVASA RAO, VIJAYAWADA 3 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS D ISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 2 ND DEC15. SD/- SD/- ( . . . . ) ( . ) ( G. MANJUNATHA) ( (( ( V. DURGA RAO ) )) ) / // / ACCOUNTANT MEMBER / // / JUDICIAL MEMBER /VISAKHAPATNAM: 3 / DATED : 2.12.2015 VG/SPS ) ' 4 / COPY OF THE ORDER FORWARDED TO :- 1. & / THE APPELLANT SRI TURLAPATI SRINIVASA RAO, FOF4, KODURU RESIDENCY , VISHNUVARDANA RAO STREET, LABBIPET, VIJAYAWADA-520 010. 2. '(& / THE RESPONDENT ACIT CIRCLE-1(1), VIJAYAWADA 3. 5 / THE CIT, VIJAYAWADA 4. 5 () / THE CIT(A), VIJAYAWADA 5. ' , , / // / DR, ITAT, VISAKHAPATNAM 6 . . . . / GUARD FILE / BY ORDER // TRUE COPY // 9: ( SR.PRIVATE SECRETARY ) , / // / ITAT, VISAKHAPATNAM