The District Co-operative Central Bank Limited, Eluru V. The Assistant Commissioner of Income Tax, Circle-2(1), Visakhapatnam

ITA 577/VIZ/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0894 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 19-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Keywords: Set aside
• Section: 201; 22; 20

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 S . 576 TO 578 / VIZ /201 8 (ASST. YEAR : 20 14 - 15 TO 20 16 - 1 7 ) THE DISTRICT CO - OPERATIVE CENTRAL BANK LTD., R.R. PETA, ELURU, W.G. DISTRICT. V S . D IT (I & CI) , HYDERABAD . PAN NO. AADAT 1078 R (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADV OCATE . DEPARTMENT BY : SMT. SUMAN MALIK SR. DR DATE OF HEARING : 22 / 0 3 /201 9 . DATE OF PRONOUNCEMENT : 27 / 0 3 /201 9 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER TH E S E APPEAL S BY THE ASSESSEE ARE DIRECTED AGAINST THE COMMON ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) , RAJAMAHENDRAVARAM , DATED 24 / 1 0/201 8 FOR THE ASSESSMENT YEARS 20 14 - 15 TO 20 16 - 1 7 . SINCE, FACTS ARE IDENTICAL AND ISSUES ARE COMMON, THEY ARE CLUBBED, HEARD TOGETHER AND DISPOSED OF BY WAY OF THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE . 2. THE ONLY ISSUE INVOLVED IN THESE APPEALS IS WHETHER PENALTY LEVIED UNDER SECTION 271FA OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'ACT') IS APPEALABLE BEFORE THE LD.CIT(A) OR NOT. ACCORDING TO THE LD. CIT(A), THE ORDER IS NOT 2 ITA NO. 576 - 578/VIZ/2018 ( THE DISTRICT CO - OP CENTRAL BANK LTD. ) APPEALABLE BECAUSE THE ORDER IS PASSED BY THE DCIT (I & CI) UNDER SECTION 271FA OF THE ACT. ACCORDINGLY, APPEALS FILED BY THE ASSESSEE ARE DISMISSED. 3 . ON APPEAL BEFORE US, LD. COUNSEL FOR THE ASSESSEE HA S SUBMITTED THAT AS PER SECTION 246A(Q), THE APPEAL A BLE ORDERS BEFORE THE LD. CIT(A) INCL U DING THE ORDER IMPOSING PENALTY UNDER CHAPTER XXI . CHAPTER XXI PROVIDES THAT 271 FA IS AN APPEALABLE ORDER . WE , THEREFORE, BY CONSIDERING THE PROVISIONS OF THE ACT, THE ORDER PASSED BY THE DIRECTOR OF INCOME TAX (I & CI), HYDERABAD DATED 21/04/2017 IS AN APPEALABLE ORDER. THUS, WE FIND THAT THE ORDER PASSED BY THE LD. CIT(A) IN DISMISSING THE APPEALS OF THE ASSESSEE DATED 24/10/2018 IS NOT IN ACCORDANCE WITH LAW. THEREFORE, WE SET ASIDE THE ORDERS PASSED BY THE LD. CIT(A) AND DIRECT HIM TO ADJUDICATE THE APPEALS ON MERITS IN ACCORDA N CE WITH LAW. THUS, THESE APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE S. 4 . IN THE RESULT, APPEAL S FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON TH IS 27 TH DAY OF MARCH , 201 9 . SD/ - SD/ - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 27 TH MARCH , 201 9 . 3 ITA NO. 576 - 578/VIZ/2018 ( THE DISTRICT CO - OP CENTRAL BANK LTD. ) VR/ - COPY TO: 1. THE ASSESSEE - THE DISTRICT CO - OPERATIVE CENTRAL BANK LTD., R.R. PETA, ELURU, W.G. DISTRICT. 2. THE REVENUE DCIT (I & CI), HYDERABAD. 3. THE PR. CIT , RAJAMAHENDRAVARAM. 4. THE CIT(A) , RAJAMAHENDRAVARAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.