THE ACIT, Visakhapatnam V. A.T.Rayudu (HUF), Visakhapatnam

MA 14/VIZ/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2650 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-12-2014
• 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: D KOMALI KRISHNA

Judgement Text

1 M.A.NO.14/VIZ/2014 (ARISING OUT OF I.T.A. NOS.325 TO 331/VIZ/2014) ASSESSMENT YEARS: 2004-2005 TO 2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL, VISHAKHAPATNA M BEFORE S/SHRI D.MANMOHAN (VP) & J.SUDHAKAR REDDY (A M) M.A.NO.14/VIZ/2014 (ARISING OUT OF I.T.A. NOS.325 TO 331/VIZ/2014) ASSESSMENT YEARS: 2004-2005 TO 2008-09 ACIT, CENTRAL CIRCLE - 2, VISAKHAPATNAM VS. A.T.RAYUDU (HUF)D.NO.11 - 89 - 34, DSASPALLA HILLS, VISAKHAPATNAM PAN/GIR NO. : AADHA 7450 H ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SMT. D K OMALI KRISHNA RESPONDENT BY : SHRI G.V.N. HARI DATE OF HEARING : 03/12/2014 DATE OF PRONOUNCEMENT : 03/12/2014 O R D E R PER J.SUDHAKAR REDDY, AM BY THIS MISCELLANEOUS PETITION, THE REVENUE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DATED 10.7 .2014 IN ITA NOS.325 TO 331/VIZ/2014, AS THE TRIBUNAL IN PARA 3 OF THE ORDER STATED THAT THE CIT (A) HAD ALLOWED 50% OF THE AGRICULTURAL INCOME. IN FACT THE LD CIT(A) HAD ESTIMATED THE AG RICULTURAL INCOME AT RS.6,000/- PER ACRE FOR ASSESSMENT YEAR 2008-09. 2. SINCE MISCELLANEOUS PETITION WAS FILED BY THE R EVENUE, THE CAUSE TITLE SHOULD INDICATE SO BUT IN THE MISCELLANEOUS PETITION, THE REVENUE WAS SHOWN AS RESPONDENT. 3. AFTER HEARING THE RIVAL SUBMISSIONS, WE ARE OF T HE CONSIDERED OPINION THAT THERE IS NO MERIT IN THE PETITION FILED BY THE REVENUE AS WE FI ND THAT, THE TRIBUNAL IN ITS FINDINGS FOLLOWING THE DECISION OF THE CO-ORDINATE BENCH IN AN IDENTIC AL ISSUE, DIRECTED THE AO TO DISALLOW 25% OUT 2 M.A.NO.14/VIZ/2014 (ARISING OUT OF I.T.A. NOS.325 TO 331/VIZ/2014) ASSESSMENT YEARS: 2004-2005 TO 2008-09 OF AGRICULTURAL INCOME DECLARED BY THE ASSESSEE. TH E POINT RAISED IN THE APPLICATION VIRTUALLY SEEKS TO REVIEW THE ORDER OF THE TRIBUNAL, WHICH IS OUTSIDE THE PURVIEW OF PROVISIONS CONTAINED IN SECTION 254(2) OF THE INCOME TAX ACT, 1961. IN T HE CIRCUMSTANCES, WE REJECT THE PRAYER OF THE DEPARTMENT. 4. IN THE RESULT, MISCELLANEOUS PETITION FILED BY T HE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/12/20 14 . SD/- SD/- (D.MANMOHAN ) (J.SUDHAKAR REDDY) VICE PRESIDENT ACCOUNTANT MEMBER VISHAKHAPATNAM DATED 03 / 12/2014 PARIDA , SR. PS COPY OF THE ORDER FORWARDED TO : 1. A.T.RAYUDU (HUF)D.NO.11 - 89 - 34, DSASPALLA HILLS, VISAKHAPATNAM 2. THE REVENUE: ACIT, CIRCLE - 2, VISAKHAPATNAM 3. THE CIT(A) - VISAKHAPATNAM 4. CIT , VISAKHAPATNAM 5. DR, ITAT, VISHAKHAPATNAM 6. GUARD FILE. BY ORDER SR.PS, ITAT, VISHAKHAPATNAM //TRUE COPY//