The ACIT, Eluru V. M/s Kadakatla Rice Mill, Tadepallegudem

ITA 294/VIZ/2015

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9900 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 05-07-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 09-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M B REDDY
• Section: 263

Judgement Text

ITA NO.294/VIZAG/2015 M/S. KADAKATLA RICE MILL, TADEPALLIGUDEM 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.294/VIZAG/2015 ( / ASSESSMENT YEAR: 2004-05) ACIT, CIRCLE - 1, ELURU VS. M/S. KADAKATLA RICE MILL, TADEPALLIGUDEM [PAN: AAIFS1559E ] ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : SHRI M.B. REDDY, DR / RESPONDENT BY : SHRI G.V.N. HARI, AR / DATE OF HEARING : 22.08.2016 / DATE OF PRONOUNCEMENT : 24.08.2016 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF CIT(A), RAJAHMUNDRY DATED 10.4.2015 FOR THE ASSESSM ENT YEAR 2004-05. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE HONBLE ITAT HAS QUASHED THE ORD ER U/S 263 OF THE ITA NO.294/VIZAG/2015 M/S. KADAKATLA RICE MILL, TADEPALLIGUDEM 2 INCOME TAX ACT, 1961 (HEREINAFTER CALLED AS 'THE AC T') OF LD. CIT, RAJAHMUNDRY VIDE ITS ORDER IN ITA NO.77/VIZAG/2009 DATED 4.8.2010. THE LD. COUNSEL FOR THE ASSESSEE, FOLLOWING THE SAM E PRAYED THAT THE ASSESSMENT ORDER PASSED BY THE A.O. DATED 29.12.200 9 CONSEQUENT TO THE ORDER U/S 263 OF THE ACT BE SET ASIDE AND THE A PPEAL FILED BY THE REVENUE MAY BE DISMISSED. THE LD. D.R. HAS NOT RA ISED ANY OBJECTION. 3. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE MATER IALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHOR ITIES BELOW. IN THIS CASE, SUBSEQUENT TO THE ORDER PASSED BY THE LD. CIT U/S 263 OF THE ACT, THE A.O. HAS PASSED THE ASSESSMENT ORDER DATED 29.1 2.2009. ASSESSEE CARRIED THE MATTER IN APPEAL BEFORE THE LD. CIT(A) AND THE CIT(A) SET ASIDE THE ORDER DATED 29.12.2009 FOLLOWING THE ORDE R PASSED BY THE HONBLE ITAT IN ITA NO.77/VIZAG/2009 DATED 4.8.2010 , WHEREIN THE ITAT HAS QUASHED THE ORDER PASSED BY THE LD. COMMISSIONE R U/S 263 OF THE ACT. 4. WE FIND THAT THE VERY BASIS ON WHICH THE ORDER PA SSED U/S 263 OF THE ACT IS QUASHED BY THE ITAT, THEREFORE, ALL CONS EQUENTIAL PROCEEDINGS BECOME INFRUCTUOUS. IN VIEW OF THE ABOVE, WE FIND NO REASON TO INTERFERE WITH THE ORDER PASSED BY THE LD. CIT(A). ITA NO.294/VIZAG/2015 M/S. KADAKATLA RICE MILL, TADEPALLIGUDEM 3 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 24 TH AUG16. SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 24.08.2016 VG/SPS '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE ACIT, CIRCLE-1, ELURU 2. / THE RESPONDENT M/S. KADAKATLA RICE MILL, D.NO. 4-37-11, SRINIVASA EMPLOYEES COLONY, VISWAJYOTHI CONVENT STREET, TADEP ALLIGUDEM-534 101. 3. ) / THE CIT, RAJAHMUNDRY 4. ) ( ) / THE CIT(A), RAJAHMUNDRY 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM