M/s Andhra Pradesh Fibres Ltd, Salur., Salur V. The ACIT, Circle-3(1), Visakhapatnam

ITA 376/VIZ/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 2724 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 25-10-2010
• Assessment Year: 1991-1992
• Appeal Filed On: 03-07-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH
• Assessee Lawyers: U L N SUDHAKAR
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO . 376 /VIZAG/ 20 09 ASSESSMENT YEAR : 1991 - 92 ANDHRA PRADESH FIB RES LTD. SALUR ACIT, CIRCLE - 3(1) VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO. AACCA 4036F APPELLANT BY: SHRI U.L.N. SUDHAKAR, ADVOCATE RESPONDENT BY: SHRI D.S. SUNDER SINGH, DR ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER : - THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) ON VARIOUS GROUNDS WHICH ARE AS UNDER: 1) THE ORDER DATED 30.4.2009 PASSED BY THE LD. CIT(A), VISAKHAPATNAM IS AGAINST THE ASSESSEE, IN SO FAR AS IT IS CONTRARY TO THE FACTS AND CIRCUMSTANCES OF THE C ASE. 2) THE LD. CIT(A) ERRED IN HOLDING THAT THE LEVY OF INTEREST U/S 220(2) IS JUSTIFIED, EVEN WITHOUT A NOTICE U/S 156 OF THE I.T. ACT. 3) THE LD. CIT(A) ERRED IN NOT NOTICING THE FACT THAT THE DEMAND WAS PAID WITHIN THE STIPULATED PERIOD UNDER THE ACT, I.E. THE DEMAND WAS PAID IMMEDIATELY ON PASSING OF THE CONSEQUENTIAL ORDER BY THE ASSESSING OFFICER (WITHIN 30 DAYS OF THE SAID ORDER). 4) THE ACTION OF THE LD. CIT(A) IS UNJUSTIFIED AS THE SAME IS NOT IN CONSONANCE WITH THE PROVISIONS OF THE ACT. 5) THE LD. CIT(A ) OUGHT TO HAVE APPRECIATED THE CORRECT LEGAL POSITION AS LAID DOWN BY THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF SMS SCHLOEMANN SEIMAG AG VS. DCIT REPORTED IN 250 ITR 97 (AP - FB) 6) THE ASSESSEE CRAVES LEAVE TO ADD, AMEND OR DELETE ANY OF THE ABOVE GROUNDS AT THE TIME OF HEARING OF THE APPEAL. 7) IN VIEW OF THE ABOVE GROUNDS AND SUCH OTHER GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING, THE ASSESSEE PRAYS FOR THE DELETION OF THE INTEREST CHARGED AND ACCORD JUSTICE. 2 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS MOVED AN APPLICATION FOR THE WITHDRAWAL OF THE APPEAL. THE REVENUE HAS NO OBJECTION TO THE ABOVE REQUEST OF THE ASSESSEES. WE THEREFORE ALLOWED THE ASSESSEE TO WITHDRAW ITS APPEAL. ACCORDINGLY, THE APPEAL OF THE ASS ESSEE IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 29.10 . 20 10 SD/ - SD/ - (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 29 TH OCTOBER , 20 10 COPY TO 1 ANDHRA PRADESH FIBRES LTD., JEEGIRAM VILLAGE, SALUR - 535591, VIZIANAGARAM DISTRICT. 2 ACIT, CIRCLE - 3(1), VISAKHAPATNAM 3 THE CI T, VISAKHAPATNAM 4 THE CIT (A) , VISAKHAPATNAM 5 TH E DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM