Sri Seetharama Complex, Srikakulam V. THE ITO, Srikakulam

ITA 43/VIZ/2016

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9634 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 04-02-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAVI SHANKAR NARAYANA
• Keywords: Set aside
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 201; 43

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM SMC BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER ITA NO. 43 / VIZ /201 6 (ASST. YEAR : 20 08 - 09 ) M/S. SRI SEETHARAMA COMPLEX, D.NO. 5 - 627, PALAKONDA ROAD, RAJAM, SRIKAKULAM DISTRICT . VS. ITO, WARD - 1, SRIKAKULAM PAN NO. ABGFS 8182 A (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADV. DEPARTMENT BY : SHRI RAVI SHANKAR NARAYANA - DR DATE OF HEARING : 2 1 / 1 2 /201 6 . DATE OF PRONOUNCEMENT : 23 / 12 /201 6 . O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 2 , GUNTUR , DATED 27 / 1 0/201 5 FOR THE ASSESSMENT YEAR 2008 - 09 . 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT COMMISSIONER OF INCOME TAX (APPEALS) FAILED TO CONSIDER ONE OF THE GROUNDS RAISED BEFORE HIM IN RESPECT OF EXPENDITURE INCURRED AMOUNTING TO RS. 6,85,937/ - AND PRAYED THAT ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) MAY BE SET ASIDE AND DIRECT HIM TO PASS NECESSARY ORDERS AFTER CONSIDER THE GROUND RAISED BEFORE HIM . 2 ITA NO. 43 / VIZ /201 6 3 . ON THE OTHER HAND, DEPARTMENTAL REPRESENTATIVE HAD NOT RAISED ANY OBJECTION. 4 . WE HAVE HEARD BOTH THE PARTIES , PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. THE ASSESSEE HAS RAISED ONE OF THE ISSUES RELATING TO EXPENSES AMOUNT TO RS. 6,85,937/ - , WHICH WAS NOT ADJUDICATED BY THE COMMISSIONER OF INCOME TAX (APPEALS) . WE, THEREFORE, SET ASIDE THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) AND DIRECT HIM TO PASS A FRESH ORDER IN ACCORDANCE WITH LAW AFTER GIVING REASONABLE OPPORTUNITY TO THE ASSESSEE . THUS, THIS GROUND OF APPEAL RAISED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 6 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 2 3 R D DAY OF DECEMBER , 201 6 . S D / - ( V. DURGA RAO ) JUDICIAL MEMBER DATED : 2 3 R D DECEMBER , 201 6 . VR/ - 3 ITA NO. 43 / VIZ /201 6 COPY TO: 1 . THE ASSESSEE - M/S. SRI SEETHARAMA COMPLEX, D.NO. 5 - 627, PALAKONDA ROAD, RAJAM, SRIKAKULAM DISTRICT. 2 . THE REVENUE ITO, WARD - 1, SRIKAKULAM 3 . THE PR. CIT - 2, VISAKHAPATNAM . 4 . THE CIT(A) - 2, GUNTUR . 5 . THE D.R . 6 . GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY, I.T.A.T., VISAKHAPATNAM .