THE ACIT, CENTRAL CIRCLE-2, Visakhapatnam V. Avnash Automobils Pvt Ltd., Visakhapatnam

MA 12/VIZ/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2651 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 17-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K V N CHARYA

Judgement Text

M.P. NO.12/VIZAG/2014 M/S. AVNASH AUTOMOBILES PVT. LTD., VSKP IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER M.P. NO.12/VIZAG/2014 (ARISING OUT OF ITA NO.311&312/VIZAG/2014 AND OUT OF S.P. NOS.41&42/VIZAG/2014) ASSESSMENT YEARS : 2007-08 & 2008-09 ACIT CENTRAL CIRCLE-2 VISAKHAPATNAM VS. M/S. AVNASH AUTOMOBILES PVT. LTD. VISAKHAPATNAM (APPELLANT) (RESPONDENT) PAN NO.AACFA8994H ASSESSEE BY: SHRI G.V.N. HARI, AR REVENUE BY: SHRI K.V.N. CHARYA, DR DATE OF HEARING : 02.12.2014 DATE OF PRONOUNCEMENT : 02.12.2014 ORDER PER D. MANMOHAN, VICE PRESIDENT:- BY THIS PETITION, THE REVENUE SEEKS RECTIFICATION OF THE ORDER DATED 11.7.2014 IN S.P. NOS.41&42/VIZAG/2014 WHICH IN TUR N ARISES OUT OF THE ASSESSEES APPEAL IN ITA NOS.311 & 312/VIZAG/2014. SINCE MISCELLANEOUS PETITION WAS FILED BY THE REVENUE, THE CAUSE TITLE SHOULD INDICATE SO BUT IN THE MISCELLANEOUS PETITION, THE REVENUE WAS SHOWN AS RE SPONDENT. 2. AT THE OUTSET, IT MAY BE NOTICED THAT INCOME-TAX ACT DOES NOT PROVIDE FOR FILING A MISCELLANEOUS PETITION OTHER THAN IN T HE CIRCUMSTANCES MENTIONED IN SECTION 254(2) OF THE INCOME-TAX ACT, 1961. IN O THER WORDS, AN ORDER PASSED U/S 254(1) OF THE ACT CAN BE CHALLENGED AND A REQUEST CAN BE MADE FOR RECTIFICATION OF THE MISTAKES, IF ANY, BY FILIN G A PETITION U/S 254(2) OF THE ACT. WHEREAS IN THE INSTANT CASE, ORDER PASSED IN STAY PETITION WAS CHALLENGED (WHICH CANNOT BE TREATED AS AN ORDER PAS SED U/S 254(1) OF THE ACT) AND HENCE THE MISCELLANEOUS PETITION FILED BY THE REVENUE HAS NO LEGS TO STAND ON THIS PRELIMINARY GROUND ITSELF. M.P. NO.12/VIZAG/2014 M/S. AVNASH AUTOMOBILES PVT. LTD., VSKP 2 3. EVEN OTHERWISE, STATUTE PERMITS THE TRIBUNAL TO CONSIDER A STAY PETITION FILED BY THE ASSESSEE AND IF IT FINDS THAT THE ASSE SSEE HAS A STRONG PRIMA FACIE CASE ON MERITS AND BALANCE OF CONVENIENCE IS IN FAV OUR OF GRANTING STAY, THE PERIOD OF STAY CANNOT EXCEED 6 MONTHS I.E. 180 DAYS AND IF THE APPEAL IS NOT DISPOSED OF WITHIN THE STIPULATED PERIOD, THE ASSES SEE HAS TO FILE A FRESH PETITION SEEKING FURTHER STAY. IN THE BACKDROP OF T HIS FACTUAL/LEGAL POSITION, IN OUR CONSIDERED OPINION, THERE IS NO NEED TO SPECIFY THE PERIOD FOR WHICH STAY WAS GRANTED; IT HAS TO BE ASSUMED THAT THE PERIOD O F STAY CANNOT EXCEED 180 DAYS FROM THE DATE OF SUCH ORDER. THEREFORE, WE DO NOT FIND ANY MISTAKE APPARENT FROM RECORD IN THE IMPUGNED ORDER PASSED B Y THE BENCH IN S.P. NOS.41&42/VIZ/2014. THUS, ON BOTH THESE GROUNDS, T HE MISCELLANEOUS PETITION FILED BY THE REVENUE DESERVES TO BE DISMIS SED AS UN-ADMITTED. WE HOLD ACCORDINGLY. PRONOUNCED IN THE OPEN COURT ON 2 ND DECEMBER14 SD/- SD/- (J. SUDHAKAR REDDY) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT VG/SPS VISAKHAPATNAM, DATED 2 ND DECEMBER, 2014 COPY TO 1 M/S. AVNASH AUTOMOBILES PVT. LTD., 11-8-34, DASAP ALLA HILLS VISAKHAPATNAM 2 ACIT, CENTRAL CIRCLE-2, VISAKHAPATNAM 3 THE CIT, VISAKHAPATNAM 4 THE CIT(A), VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM