THE ACIT, CIRCLE - 2(1), Vijayawada V. M/s Agri Gold Construction Pvt. Ltd., Vijayawada

ITA 504/VIZ/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 6709 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 25-05-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 28-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R GOVINDARAJAN
• Section: 143(3); 263

Judgement Text

ITA NO.504/VIZAG/2014 M/S. AGRI GOLD CONSTRUCTIONS PVT. LTD., VIJAYAWADA 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . ' , % BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./I.T.A.NO.504/VIZAG/2014 ( / ASSESSMENT YEAR: 2010-11) ACIT, CIRCLE - 2(1), VIJAYAWADA M/S. AGRI GOLD CONSTRUCTIONS PVT. LTD. VIJAYAWADA [PAN NO. AADCA5210E ] ( ' / APPELLANT) ( ()' / RESPONDENT) / APPELLANT BY : SHRI R. GOVINDARAJAN, DR / RESPONDENT BY : SHRI G.V.N. HARI, AR / DATE OF HEARING : 07.09.2017 / DATE OF PRONOUNCEMENT : 08.09.2017 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T ORDER OF THE CIT(A), VIJAYAWADA DATED 30.6.2014 FOR THE ASSESSME NT YEAR 2010-11. 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE CIT(A) BY CONSIDERI NG THE ORDER PASSED BY THE TRIBUNAL I.E. BY QUASHING THE ORDER PASSED B Y CIT U/S 263 OF THE ITA NO.504/VIZAG/2014 M/S. AGRI GOLD CONSTRUCTIONS PVT. LTD., VIJAYAWADA 2 INCOME TAX ACT, 1961 (HEREINAFTER CALLED AS 'THE AC T') HELD THAT THE VERY BASIS ON WHICH THE ORDER PASSED U/S 143(3) R.W.S. 2 63 OF THE ACT HAS BEEN QUASHED BY THE TRIBUNAL, THEREFORE, ONCE THE O RDER U/S 263 OF THE ACT WAS QUASHED, CONSEQUENTIAL ORDER PASSED U/S 143 R.W.S. 263 OF THE ACT HAS NO LEGAL SANCTITY AND NEEDS NO ADJUDICATION AND ORDER PASSED BY THE A.O. IS ANNULLED AND SUBMITTED THAT THE APPEAL FILED BY THE REVENUE MAY BE DISMISSED. 3. ON THE OTHER HAND, THE LD. D.R. SUPPORTED THE OR DER PASSED BY THE A.O. 4. 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, THE COMMISSIONER HAS PASSED AN ORDER U/S 263 OF THE ACT AND THE SAME IS QUESTIONED BEFORE THE HONBLE ITAT IN ITA N O.452/VIZAG/2012 AND THE ITAT QUASHED THE ORDER PASSED BY THE COMMIS SIONER. MEANWHILE, THE A.O. PASSED THE CONSEQUENTIAL ORDER IN PURSUANCE TO THE ORDER PASSED BY COMMISSIONER U/S 143(3) R.W.S. 263 OF THE ACT. CONSEQUENTIAL ORDER PASSED BY THE A.O. IS CHALLENGE D BEFORE THE CIT(A). THE CIT(A) ANNULLED THE ORDER PASSED BY THE A.O. BY OBSERVING THAT ONCE THE TRIBUNAL HAS QUASHED THE ORDER PASSED U/S 263 OF THE ACT WHICH IS BASIS FOR 143(3) R.W.S. 263 OF THE ACT AND THEREFORE THE ORDER ITA NO.504/VIZAG/2014 M/S. AGRI GOLD CONSTRUCTIONS PVT. LTD., VIJAYAWADA 3 CANNOT SURVIVE. WE FIND NO INFIRMITY IN THE ORDER PASSED BY THE LD. CIT(A), THEREFORE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT O N 8 TH SEP17. SD/- SD/- ( . . ' ) ( . ) (D.S. SUNDER SINGH) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER # /VISAKHAPATNAM: ' /DATED : 08.09.2017 VG/SPS )# *# /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE ACIT, CIRCLE-2(1), VIJAYAWAD A 2. / THE RESPONDENT M/S. AGRI GOLD CONSTRUCTION PVT . LTD., D.NO.40-1-21/3, 1 ST FLOOR, SURYA TOWERS, M.G. ROAD, VIJAYAWADA. 3. + / THE CIT, VIJAYAWADA 4. + ( ) / THE CIT (A), VIJAYAWADA 5. # . , . , # / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM