Appeal Details
Counselvise Citation
[2018] 125 COUNSELVISE.COM (IT) 2975 (ITAT-VISAKHAPATNAM)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 1 month(s) 23 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
21-08-2018
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
DB
Assessment Year
misc
Appeal Filed On
28-06-2017
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER ITA NO S . 385 TO 389 / VIZ /201 7 (ASST. YEAR S : 20 11 - 12 TO 2015 - 16 ) CHIEF EXECUTIVE OFFICER, THE KANAKA MAHALAKSHMI CO - OPERATIVE BANK LTD., 49 - 34 - 22, AKKAYYAPALEM, VISAKHAPATNAM. V S . DIRECTOR OF INCOME TAX (INTELLIGENCE & CRIMINAL INVESTIGATION), AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. PAN NO. AACFT 6489 J (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S. RAMA RAO ADV OCATE . DEPARTMENT BY : SHRI K.C. DAS SR. DR DATE OF HEARING : 03 / 0 8 /201 8 . DATE OF PRONOUNCEMENT : 21 / 0 8 /201 8 . O R D E R PER BENCH: TH ESE APPEAL S BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDER S OF DIRECTOR OF INCOME TAX (INTELLIGENCE & CRIMINAL INVESTIGATION), HYDERABAD, ALL DATED 21/04/2017 FOR THE ASSESSMENT YEAR S 2011 - 12 TO 2015 - 16 , WHEREBY PENALTY ORDER UNDER SECTION 271FA HAS BEEN PASSED. 2 . W HEN THESE APPEALS ARE TAKEN UP FOR HEARING, BENCH HAS ASKED WHY THESE APPEALS ARE NOT FILED BEFORE THE LD. CIT(A) WITH 2 ITA NO. 385 - 389 / NAG /2017 ( CEO, THE KANAKA MAHALAKSHMI CO - OP BANK LTD. ) REFERENCE TO SECTION 246 (1)(Q) OF THE ACT. LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT PENALTY ORDER PASSED BY THE DIRECTOR OF INCOME TAX (I & CI) , HYDERABAD AND THE LD. CIT(A) ARE HOLD THE SAME RANK IN THE DEPARTMENT, THEREFORE, THE APPEALS ARE FILED DIRECTLY AND FURTHER SUBMITTED THAT HE MAY BE PERMITTED TO WITH DRAW THE APPEALS WITH A LIBERTY TO FILE THE SAME BEFORE THE LD.CIT(A). 3 . ON THE OTHER HAND, LD. DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED BY OBJECTION. 4 . WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. 5 . WE FIND THAT THE HON'BLE RAJASTHAN HIGH COURT IN THE CASE OF DIRECTOR OF INCOME TAX (CIB) VS. RAVI VIJAY [(2015) 25 TAXMANN.COM 176 (RAJ.)] HAS HELD THAT AN APPEAL AGAINST ORDER OF PENALTY PASSED UNDER SECTION 271FA BY DIRECTOR , INCOME TAX, WHO HOLDS RANK OF COMMISSIONER IS MAINTAINABLE BEFORE THE COMMISSIONER (APPEALS) WITH REFERENCE TO SECT ION 246(1)(Q) OF THE ACT. THE C OORDINATE BENCH OF THE HYDERABAD TRIBUNAL IN THE CASE OF C ITIZEN COOPERATIVE SOCIETY LTD. VS . DIRECTOR OF INCOME TAX ( I & CI) , HYDERABAD , DA TED 10/11/2017 IN ITA NO. 687/HYD/2017 HAS HELD THAT THE APPEAL FILED BY THE ASSESSEE DIRECTLY BEFORE THE TRIBUNAL IS NOT MAINTAINABLE. A S PER SECTION 2 46(1)(Q) , AGAINST 3 ITA NO. 385 - 389 / NAG /2017 ( CEO, THE KANAKA MAHALAKSHMI CO - OP BANK LTD. ) PENALTY ORDER PASSED UNDER SECTION 271FA OF THE ACT, APPEAL IS MAINTAI NA BLE BEFORE THE LD. CIT(A), THEREFORE, WE PERMIT THE ASSES SEE TO WITHDRAW THESE APPEALS AND IT IS OPEN TO THE ASSESSEE TO FILE THE APPEALS BEFORE THE LD. CIT(A) . H OWEVER, WE OBSERVE THAT ONCE APPEALS ARE FILED BEFORE TH E LD. CIT(A), THE LD. CIT(A) IS DIRECTED TO COND ONE THE DELAY , IF ANY. ORDERED ACCORDINGLY. 6 . IN THE RESULT, APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN WITH THE AFORESAID LIBERTY. ORDER PRONOUNCED IN OPEN COURT ON TH IS 21 ST DAY OF AUGUST , 201 8 . SD/ - SD/ - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 21 ST AUGUST , 201 8 . VR/ - COPY TO: 1. THE ASSESSEE CHIEF EXECUTIVE OFFICER, THE KANAKA MAHALAKSHMI CO - OPERATIVE BANK LTD., 49 - 34 - 22, AKKAYYAPALEM, VISAKHAPATNAM. 2. THE REVENUE DIRECTOR OF INCOME TAX (INTELLIGENCE & CRIMINAL INVESTIGATION), AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 3. THE DIRECTOR OF INCOME TAX (INTELLIGENCE & CRIMINAL INVESTIGATION), 2 ND FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 4. THE D.R . , VISAKHAPATNAM. 5. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.
