Income Tax Officer, Ward-3, , Kakinada V. Kalyani Modern Rice Mill, , Mandapeta

MA 12/VIZ/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3257 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 11 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 28-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA
• Assessee Lawyers: P PRABHAKARA MURTHY
• Keywords: Audit objection

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 M.A.NO. 12 /VIZ/2019 (ARISING OUT OF I . T . A . NO. 305 /VIZ/2018) (ASST. YEAR : 20 08 - 09 ) IT O , WARD - 3 , KAKINADA . VS. M/S. KALYANI MODERN RICE MILL, 31 - 9 - 40, YEDIDA ROAD, MANDAPETA, E.G. DISTRICT. PAN NO. AACFK 4573 E (APP LICANT ) (RESPONDENT) ASSESSEE BY : SHRI P. PRABHAKARA MURTHY , A DV . DEPARTMENT BY : SHRI B.RAMA KRISHNA , SR. DR DATE OF HEARING : 06 / 0 3 /2020 . DATE OF PRONOUNCEMENT : 06 / 0 3 /20 20 . O R D E R PER V. DURGA RAO , JUDICIAL MEMBER BY PREFERRING THIS MISC. APPLICATION, REVENUE SEEKS RECALL OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO. 305/VIZ/2018, DATED 12/09 /201 8 ON THE GROUND THAT THERE IS AN AUDIT OBJECTION , THEREFORE P A RA 10(C) OF CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018 IS COVERED BY THIS CASE. 2. LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THERE IS NO SUCH GROUND RAISED BY THE DEPARTMENT IN THE GROUNDS OF APPEAL . 2 M A NO. 12 /VIZ/2019 ( M/S. KALYANI MODERN RICE MILL ) 3 . WE HAVE HEARD BOTH THE SIDES AND PERUSED THE GROUNDS OF APPEAL AND GONE THROUGH THE CBDT CIRCULAR. 4 . THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - 1. I N THE FACTS AND CIRCUMSTANCES OF THE CASE , THE DECISION OF THE CIT(A) ORDER IS NOT ACCEPTABLE. 2. THE CIT(A) COULD HAVE APPRECIATED THE FACT THAT THE AO FOLLOWED THE HON'BLE APEX COURT DECISION IN THE CASE OF CIT VS. CYNAMIDE INDIA LTD., 237 ITR 585 WHERE IT WAS CATEGORICALLY HELD THAT THE DE - HUSKING OF PADDY IS NOT AN INDUSTRIAL OR MANUFACTURING OPERATION. 3. ANY OTHER GROUND THAT M AY AROSE AT THE TIME OF HEARING. 5. FROM THE ABOVE, IT IS VERY CLEAR THAT NO SUCH EXCEPTIONAL GROUND IS RAISED BY THE DEPARTMENT , EVEN IT WAS NOT BROUGHT TO OUR NOTICE AT THE TIME OF HEARING. UNDER THESE FACTS AND CIRCUMSTANCES OF THE CASE , WE ARE OF THE OPINION THAT THERE IS NO MISTAKE APPARENT IN THE ORDER PASSED BY THE TRIBUNAL, THEREFORE THIS MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED. 6 . IN THE RESULT, MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 06 TH DAY OF MARCH , 2020 . S D / - S D / - (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 06 TH MARCH , 20 20 . VR/ - 3 M A NO. 12 /VIZ/2019 ( M/S. KALYANI MODERN RICE MILL ) COPY TO: 1. THE ASSESSEE M/S. KALYANI MODERN RICE MILL, 31 - 9 - 40, YEDIDA ROAD, MANDAPETA, E.G. DISTRICT. 2. THE REVENUE IT O , WARD - 3 , KAKINADA . 3. THE PR. CIT - 2 , VISAKHAPATNAM . 4. THE CIT(A) - 9 , HYDERABAD. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.