Andhra Pradesh Beverage Corporation Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-1(1), Hyderabad

ITA 426/Hyd/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2294 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 27-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y.V.S.T. SAI
• Keywords: Application of stay; Set aside

Judgement Text

ITA NO 426 AND SA NO 146 OF 2019 AP BEVERAGES CORPN LTD HYDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.426/HYD/2019 & SA NO.146/HYD/2019 (ASSESSMENT YEAR: 2015-16) ANDHRA PRADESH BEVERAGES CORPORATION LTD, HYDERABAD PAN: AABCA7385A VS DY. COMMISSIONER OF INCOME TAX, CIRCLE 1 (1) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI Y. RATNAKAR FOR REVENUE : SHRI Y.V.S.T. SAI, CIT(DR) O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE CIT (A)-1, HYDERABAD DATED 31.1.2019 FOR THE A. Y 2015-16 WHEREIN, BY FOLLOWING THE ORDER OF HER PREDECESSOR IN THE ASSESSEES OWN CASE FOR THE A.Y 2014-15, THE CIT (A ) HAS CONFIRMED THE ADDITIONS MADE BY THE AO AND THE ASSE SSEE IS IN SECOND APPEAL BEFORE US. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT FOR THE A.Y 2014-15, THE TRIBUNAL HAS SET ASIDE THE MATTER TO THE FILE OF THE AO AND THEREFORE, THE ASSESSMENT FOR TH E RELEVANT A.Y I.E. 2015-16 ALSO NEEDS TO BE SET ASIDE TO EXAMINE WHETHER THE ASSESSEE WAS NOT CARRYING ON THE BUSINESS ACTIVITY AS CLAIMED BY THE ASSESSEE. A COPY OF THE SAID ORDER IS FILED BEF ORE US. PENDING DATE OF HEARING : 24.06.2019 DATE OF PRONOUNCEMENT: 26.06.2019 ITA NO 426 AND SA NO 146 OF 2019 AP BEVERAGES CORPN LTD HYDERABAD. PAGE 2 OF 2 DISPOSAL OF THE APPEAL, THE ASSESSEE IS SEEKING STA Y OF THE RECOVERY OF THE OUTSTANDING DEMAND OF TAX. 3. THE LEARNED DR WAS ALSO HEARD. 4. WE FIND THAT FOR THE EARLIER A.Y I.E. 2014-15, T HE VERY SAME ISSUE HAD TRAVELLED UPTO THE ITAT AND THIS TRI BUNAL (TO WHICH ONE OF US, I.E. THE J.M IS THE SIGNATORY), HA D REMITTED THE ISSUE TO THE FILE OF THE AO WITH CERTAIN DIRECTIONS . SINCE THE VERY SAME ISSUE IS INVOLVED FOR THE A.Y 2015-16, WE DEEM IT FIT AND PROPER TO REMAND THIS APPEAL ALSO TO THE FILE OF TH E AO WITH A DIRECTION TO COMPLETE THE ASSESSMENT IN ACCORDANCE WITH THE DIRECTIONS IN OUR ORDER FOR THE A.Y 2014-15. 5. SINCE THE APPEAL ITSELF IS BEING DISPOSED OFF, T HE STAY APPLICATION HAS BECOME INFRUCTUOUS AND IS BEING ACC ORDINGLY REJECTED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH JUNE, 2019. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 26 TH JUNE, 2019. VINODAN/SPS COPY TO: 1 ANDHRA PRADESH BEVERAGES CORPN. LTD, C/O M/S. VEN UGOPAL & CO. C.AS DOOR NO.4-1-889/16/2 TILAK ROAD, HYDERABAD 500001 2 DY. CIT, CIRCLE 1(1) HYDERABAD 3 CIT (A)-1 HYDERABAD 4 PR. CIT 1 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER