The ITO, Rajahmundry V. Dr. S. Chandra Sekhar, Rajahmundry

ITA 291/VIZ/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8876 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 25-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S N MURTY
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HONBLE JUDICIAL MEMBER & SHRI G. MANJUNATHA, HONBLE ACCOUNTANT MEMBER ITA NO. 291/VIZ/2016 (ASST. YEAR : 2008-09) ITO, WARD-2(2), RAJAHMUNDRY. V. DR. S. CHANDRA SEKHAR, D.NO. 76-1-6, GANDHIPURAM, RAJAHMUNDRY. PAN NO. BIHPS 5344 R (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI C. SUBRAHMANYAM FCA. DEPARTMENT BY : SHRI T.S.N. MURTY CIT DR DATE OF HEARING : 09/06/2017. DATE OF PRONOUNCEMENT : 09/06/2017. O R D E R PER V. DURGA RAO, JUDICIAL MEMBER THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), RAJAHMUNDRY, DATED 30/03/2016 FOR THE ASSESSMENT YEAR 2008-09. 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE HAS SUBMITTED THAT ON THE BASIS, ON WHICH ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) READ WITH SEC. 263 OF THE ACT, DATED 31/03/2014 WAS QUASHED BY THE HON'BLE ITAT VIDE ITS ORDER DATED 18/11/2015 IN ITA NO.350/VIZAG/2013 IN ASSESSEES OWN CASE. THE LEARNED COMMISSIONER BY FOLLOWING THE SAME, ORDER PASSED BY THE ASSESSING OFFICER IS SET ASIDE. 2 ITA NO.291/VIZ/2016 (DR. S. CHANDRA SEKHAR) 3 . ON THE OTHER HAND, LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED THAT LD. CIT(A) SET ASIDE THE ORDER PASSED BY THE ASSESSING OFFICER BY FOLLOWING THE DECISION OF HON'BLE ITAT IN THE CASE OF ASSESSEES ITSELF. 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIAL AVAILABLE ON RECORD AND ORDERS OF THE AUTHORITIES BELOW. 5. WE FIND THAT LD. CIT(A) SET ASIDE THE ORDER PASSED BY THE ASSESSING OFFICER BY FOLLOWING THE DECISION OF THE COORDINATE BENCH IN ASSESSEES OWN CASE IN ITA NO. 350/VIZAG/2016 (SUPRA). FOR THE SAKE OF CONVENIENCE, THE RELEVANT PORTION OF THE ORDER IS EXTRACTED AS UNDER:- 5. I HAVE CONSIDERED THE SUBMISSIONS. FROM THE PERUSAL OF THE HON'BLE ITAT ORDER DATED 18/11/2015 IN ITA NO.350/VIZAG/2013, THE ITAT HAS QUASHED THE ORDER PASSED BY THE COMMISSIONER UNDER SECTION 263. THE RELEVANT OBSERVATION IS AT PARA-10 OF THE ORDER AS FOLLOWS:- THIS CANNOT BE A CASE FOR REVISION UNDER SECTION 263 OF THE ACT. UNDER THESE FACTS AND CIRCUMSTANCES AND FOLLOWING THE ABOVE JUDICIAL PRECEDENTS, WE ARE OF THE OPINION THAT THE REVISION ORDER UNDER SECTION 263 OF THE ACT PASSED BY THE LD. CIT CANNOT SURVIVE AND IT DESERVES TO BE QUASHED. ACCORDINGLY, WE QUASH THE ORDER PASSED BY THE LD.COMMISSIONER UNDER SECTION 263 OF THE ACT. AS THE ORDER UNDER SECTION 263 HAS BEEN QUASHED BY THE HON'BLE ITAT THE CONSEQUENTIAL ASSESSMENT ORDER PASSED BY THE AO WOULD BECOME INVALID. AS A RESULT THE IMPUGNED ASSESSMENT ORDER DATED 31/03/2014 IS SET ASIDE. 6. IN THE RESULT, THE APPEAL FOR THE ASSESSMENT YEAR 2008-09 IS DISMISSED AS INFRUCTUOUS. 6 . KEEPING IN VIEW OF THE ABOVE, WE FIND NO REASON TO INTERFERE WITH THE ORDER PASSED BY THE LD. CIT(A). THUS, THIS GROUND OF APPEAL RAISED BY THE REVENUE IS DISMISSED. 3 ITA NO.291/VIZ/2016 (DR. S. CHANDRA SEKHAR) 7 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 09 TH DAY OF JUNE, 2017. SD/- SD/- (G. MANJUNATHA) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 09 TH JUNE, 2017. VR/- COPY TO: 1. THE ASSESSEE - DR. S. CHANDRA SEKHAR, D.NO. 76-1-6, GANDHIPURAM, RAJAHMUNDRY. 2. THE REVENUE - ITO, WARD-2(2), RAJAHMUNDRY. 3. THE CIT, RAJAHMUNDRY. 4. THE CIT(A), RAJAHMUNDRY. 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER