The income Tax Officer, Ward-1, , Machilipatnam V. Naveena Rice Industries, Guduru

ITA 572/VIZ/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9473 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 14-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Section: 143(3)

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. 572 / VIZ /201 8 (ASST. YEAR : 20 12 - 13 ) ITO, WARD - 1, MACHILIPATNAM. V S . M/S. NAVEENA RICE INDUSTRIES , RS N O .59/2A, TARAKATURU VILLAGE, GUDURU MANDAL, KRISHNA DISTRICT . PAN NO. AAJFN 6020 C (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI D.L. NARASIMHA RAO, ADV. DEPARTMENT BY : SMT. SUMAN MALIK, SR. DR DATE OF HEARING : 01 / 0 7 /201 9 . DATE OF PRONOUNCEMENT : 04 / 0 7 /201 9 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER TH IS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) , VIJAYAWADA , DATED 27 /0 8 /201 8 FOR THE ASSESSMENT YEAR 20 12 - 13 . 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE VERY BASIS ON WHICH 263 HAS BEEN INITIATED BY THE PR. C IT, DATED 30/03/2017 FOR THE A.Y. 2012 - 13 HAS BEEN QUASHED BY THE ITAT , VISAKHAPATNAM BENCH IN ITA NO. 311/VIZ/2017 BY ORDER DATED 31/07/2018 AND SUBMITTED THAT THE CONSEQUENTIAL ORDER PASSED BY THE ASSESSING OFFICER DATED 2 ITA NO. 572 /VIZ/2018 (M/S. NAVEENA RICE INDUSTRIES ) 29/12/2017 HAS NO LEGS TO STAND AND SUBMITTED THAT THE LD. CIT(A) BY FOLLOWING THE ORDER OF THE ITAT, APPEAL FILED BY THE ASSESSEE IS ALLOWED. 3 . ON THE OTHER HAND, LD. DEP ARTMENTAL REPRESENTATIVE HAS RELIED ON THE GROUNDS OF APPEAL. 4 . WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIAL AVAILABLE ON RECORD AND ORDERS OF THE AUTHORITIES BELOW. 5. WE FIND THAT THE LD. CIT(A) BY ORDER DATED 27/08/2018 GAVE A CATEGORICAL FINDING THAT THE ORDER PASSED BY THE PR. CIT HAS BEEN CANCELLED BY THE ITAT, VISAKHAPATNAM BENCH IN ITA NO. 311/VIZ/ 2017, DATED 31/07/2018 FOR THE A.Y. 2012 - 13 AND THEREFORE CONSEQUENTIAL ORDER PASSED BY THE ASSESSING OFFICER U/SEC. 143(3) R.W.S. 263 DATED 29/12/2017 DOES NOT EXIST . THEREFORE, W E FIND NO REASON TO INTERFERE WITH THE ORDER PASSED BY THE LD. CIT(A). THUS, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. 6 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 4 T H DAY OF JU LY , 201 9 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 0 4 T H JU LY , 201 9 . 3 ITA NO. 572 /VIZ/2018 (M/S. NAVEENA RICE INDUSTRIES ) VR/ - COPY TO: 1. THE ASSESSEE M/S. NAVEENA RICE INDUSTRIES, RS NO.59/2A, TARAKATURU VILLAGE, GUDURU MANDAL, KRISHNA DISTRICT. 2. THE REVENUE ITO, WARD - 1, MACHILIPATNAM. 3. THE PR. CIT , VIJAYAWADA. 4. THE CIT(A) , VIJAYAWADA. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.