Rayapati Venkata Koteswara Prasad, Guntur V. THE ACIT, Vijayawada

ITA 568/VIZ/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 6639 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 10 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 14-07-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 28-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R GOVINDARAJAN

Judgement Text

ITA NOS.567 & 568/VIZAG/2014 SRI RAYAPATI VENKATA KOTESWARA PRASAD, GUNTUR 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.NOS.567 & 568/VIZAG/2014 ( / ASSESSMENT YEARS: 2004-05 & 2005-06) SRI RAYAPATI VENKATA KOTESWARA RAO GUNTUR ACIT, CENTRAL CIRCLE VIJAYAWADA [PAN NO. AFTPR6672K ] ( ' / APPELLANT) ( ()' / RESPONDENT) / APPELLANT BY : SHRI G.V.N. HARI, AR / RESPONDENT BY : SHRI R. GOVINDA RAJAN, DR / DATE OF HEARING : 21.09.2017 / DATE OF PRONOUNCEMENT : 27.09.2017 / O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER: THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED A GAINST ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) {CIT(A)}, GUNTUR VIDE ITA NOS.644, 647 & 648/CIT(A)/GNT/2007-08 DATED 25.2.20 14 FOR THE ASSESSMENT YEARS 2004-05 & 2005-06. ITA NOS.567 & 568/VIZAG/2014 SRI RAYAPATI VENKATA KOTESWARA PRASAD, GUNTUR 2 2. THE ASSESSEE FILED APPEALS BEFORE THE CIT(A) AND THE LD. CIT(A) DISMISSED THE APPEALS IN LIMEN . FOR NON PAYMENT OF TAXES DUE ON THE INCOME RETURNED. AS PER SECTION 249(4) OF THE INCOM E TAX ACT, 1961 (HEREINAFTER CALLED AS 'THE ACT') APPEALS FILED WI THOUT PAYMENT OF TAXES ON THE INCOME RETURNED ARE NON MAINTAINABLE, AND AC CORDINGLY THE CIT(A) DISMISSED THE APPEALS. DURING THE APPEAL HE ARING, THE LD. A.R. OF THE ASSESSEE HAS SUBMITTED THAT THE TAXES DUE ON THE RETURNED INCOME WERE PAID BY THE ASSESSEE AND REQUESTED TO R EMIT THE APPEAL BACK TO THE FILE OF LD. CIT(A) TO DECIDE THE APPEAL S ON MERITS. 3. ON THE OTHER HAND, THE LD. D.R. DID NOT MAKE ANY OBJECTION FOR REMITTING THE APPEALS BACK TO LD. CIT(A) TO DECIDE THE APPEALS ON MERITS. 4. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE MATER IALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHOR ITIES BELOW. THESE APPEALS WERE DISMISSED BY THE LD. CIT(A) FOR NON-PA YMENT OF SELF- ASSESSMENT TAX OR TAXES ON RETURNED INCOME. SINCE THE ASSESSEE HAS PAID THE TAXES, WE ARE OF THE CONSIDERED OPINION TH AT THE APPEALS SHOULD BE REMITTED BACK TO THE FILE OF THE LD. CIT(A) TO D ECIDE THE APPEALS ON MERITS IN THE INTEREST OF JUSTICE. ACCORDINGLY, TH E APPEALS ARE REMITTED BACK TO THE FILE OF THE LD. CIT(A) TO DECIDE THE AP PEALS ON MERITS. ITA NOS.567 & 568/VIZAG/2014 SRI RAYAPATI VENKATA KOTESWARA PRASAD, GUNTUR 3 5. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT O N 27 TH SEPT17. SD/- SD/- ( . ) ( . . ' ) (V. DURGA RAO) (D.S. SUNDER SINGH) /JUDICIAL MEMBER /ACCOUNTANT MEMBER # /VISAKHAPATNAM: ' /DATED : 27.09.2017 VG/SPS )# *# /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT SRI RAYAPATI VENKATA KOTESWARA P RASAD, C/O C.M. RAO & CO. CHARTERED ACCOUNTANTS, 5-87-22, 1 ST FLOOR, SAI BALAJI HOUSE, MAIN ROAD, LAKSHMIPURAM, GUNTUR-7 2. / THE RESPONDENT THE ACIT CENTRAL CIRCLE, VIJAYA WADA 3. + / THE CIT(CENTRAL), HYDERABAD 4. + / THE CIT, GUNTUR 5. + ( ) / THE CIT (A), GUNTUR 6. # . , . , # / DR, ITAT, VISAKHAPATNAM 7 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM