ITO, Ward-1, , Kurnool V. G. Bala Maddaiah, , Kurnool

MA 114/Hyd/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5456 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2011-2012
• Appeal Filed On: 26-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: B SATYANARAYANA MURTHY

Judgement Text

MA NO 114 OF 2019 BALA MADDAIAH KURNOOL. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER MA NO.114/HYD/2019 (ARISING OUT OF ITA NO.630/HYD/2017) ASSESSMENT YEAR: 2011-12 INCOME TAX OFFICER WARD-1 KURNOOL VS. SHRI BALA MADDAIAH KURNOOL PAN:ACPPG5870K (APPELLANT) (RESPONDENT) REVENUE BY: SRI SHRI NILANJAN DEY, DR ASSESSEE BY : SRI B.SATYANARAYANA MURTHY DATE OF HEARING: 27/09/2019 DATE OF PRONOUNCEMENT: 27/09/2019 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS M.A. IS FILED BY THE ASSESSEE SEEKING RECTIFIC ATION OF ALLEGED MISTAKES POINTED OUT BY THE REVENUE IN T HE APPEAL. 2. THE LEARNED DR SUBMITTED THAT THE TRIBUNAL HAD EARLIER DISPOSED THE APPEAL IN ITA NO.630/HYD/2017 BY ORDER DATED 20.11.2017 AND SUBSEQUENTLY ANOTHER ORDER WAS PASSED IN ITA NO.630/HYD/2017 VIDE ORDER DATED 13.03.2019 AND THEREFORE, THIS MA WAS FILED PRESUMING THAT THERE IS AN APPARE NT MISTAKE FROM THE RECORD. HE FURTHER POINTED OUT THAT VIDE M A NO.46/HYD/2018, DATED 8.6.2018, THE TRIBUNAL HAD RE CALLED THE EARLIER ORDER OF THE TRIBUNAL DATED 20.11.2017 AND HAD RE-FIXED THE APPEAL FOR HEARING PURSUANT TO WHICH THE ITA WA S DISPOSED OFF MA NO 114 OF 2019 BALA MADDAIAH KURNOOL. PAGE 2 OF 2 BY ORDER DATED 13.3.2019. HE THEREFORE, FAIRLY ADMI TTED THAT THIS M.A. HAS BECOME INFRUCTUOUS AND NEED TO BE REJECTED . 3. THE LEARNED COUNSEL FOR THE ASSESSEE WAS ALSO HE ARD AND TAKING THE CONTENTION OF THE LEARNED DR INTO CO NSIDERATION, THE REVENUES M.A. IS DISMISSED AS INFRUCTUOUS. 4. IN THE RESULT, M.A. FILED BY THE REVENUE IS DISM ISSED ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH SEPTEMBER, 2019. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 27 TH SEPTEMBER, 2019. VINODAN/SPS COPY TO: 1 ITO WARD KURNOOL-1 2 SHRI G. BALA MADDAIAH, C/O VENOGIPAL & CHENOY, C. AS 4- 1889/16/2 TILAK ROAD, HYDERABAD 500001 3 CIT (A)-KURNOOL 4 PR. CIT - KURNOOL 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER