The Assistant Commissioner of Income Tax, Circle-2(1), , Vijayawada V. Golla Narayana Rao, Vijayawada

MA 14/VIZ/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 1322 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-05-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 30-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN
• Assessee Lawyers: G V H HARI
• Section: 260A; 271E; 13; 22

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER& SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ M. A.NO. 14 /VIZ/201 9 (ARISING OUT OF I.T.A.NO.502/VIZ/2017) ( / A SSESSMENT Y EAR : 20 1 3 - 1 4 ) ASST. COMMISSIONER OF INCOME TAX CIRCLE - 2(1) VIJAYAWADA VS SRI GOLLA NARAYANA RAO FLAT NO. FF - 4, D.NO.32 - 15/1 - 16 VIJAYA SHRADDHA TOWERS MOGHALRAJPURAM VIJAYAWADA [PAN : AHQPG3076R] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : S MT U.MINI CHANDRAN , DR / RESPONDENT BY : S HRI G.V.H.HARI, AR / DATE OF HEARING : 2 0 .0 3 .2020 / DATE OF PRONOUNCEMENT : 22 .0 5 . 20 20 / O R D E R P ER SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER : IN THE INSTANT CASE, THE DEPARTMENT HAS FILED MISCELLANEOUS APPLICATION AGAINST THE ORDER PASSED BY THE ITAT IN I.T.A.NO. 502/VIZ/2017 AND CO NO.84/VIZ/2017 DATED 05.10.2018 STATING THAT THERE WAS A MISTAKE IN THE ORDER OF THE ITAT AS UNDER : 2 M .A. NO. 14 /VIZ/201 9 , A.Y.20 1 2 - 1 3 SRI GOLLA NARAYANA RAO, VIJAYAWADA AGAINST THE DECISION OF THE LD.CIT(A), VIJAYAWADA, THE DEPARTMENT HAD FILED THE APPEAL AND THE ASSESSEE HAD FILED CORSS OBJECTIONS BEFORE THE HONBLE ITAT, VISAKHAPATNAM. THE HONBLE ITAT, VIDE ITS COMMON ORDER, IN ITA NO.502/VIZ/2017 & CO NO.84/VIZ/2017 DATED 05.10.2018 DISMISSED THE APPEAL OF THE DEPARTMENT AND PARTLY ALLOWED THE CROSS OBJECTIONS FILED BY THE ASSESSEE AND HELD THAT SINCE THE PAYMENT OF RS.36,00,000/ - REPRESENTS THE INTEREST, RESPECTFULLY FOLLOWING THE DECISION OF COORDINATE BENCH OF I TAT IN THE CASE OF MV RAGHAVULU VS. ACIT, KAKINADA, RANGE IN ITA NO.362/VIZ/2011, WE HOLD THAT THE PROVISIONS OF SECTION 269T ARE NOT APPLICABLE AND CONSEQUENTLY THE PENALTY U/S 271E IS NOT LEVIABLE. THEREFORE, WE UPHOLD THE ORDER OF THE LD.CIT(A) AND DI SMISS THE APPEAL OF THE REVENUE. CROSS OBJECTION NO.84/VIZ/2017 WITH REGARD TO THE PENALTY OF RS.36,60,000/ - PAID TO SRI S.RAM PRASAD, THE ORDER OF THE LD.CIT(A) IS CONFIRMED IN REVENUES APPEAL NO.502/VIZ/2017, THEREFORE, THE CROSS OBJECTION IS ALLOWED. THOUGH THE LD.AR FILED CROSS OBJECTION FOR RS.2,15,000/ - PAID TO SRI V.PRABHAKAR RAO, THE LD.AR DID NOT MAKE ANY ARGUMENT IN RESPECT OF RS.2,15,000/ - . THEREFORE, ASSESSEES CROSS OBJECTION ON THIS GROUND IS DISMISSED. IN THE RESULT, CROSS OBJECTION OF THE ASSESSEE IS PARTLY ALLOWED. AGAINST THE ORDER OF THE HONB LE ITAT, VISAKHAPATNAM, THE CHIEF COMMISSIONER OF INCOME TAX, VIJAYAWADA, HAS NOT SUGGESTED FOR FILING OF APPEAL U/S 260A OF THE INCOME TAX ACT, 1961, BEFORE THE HONBLE HIGH COURT. WHILE COMMUNICATING THE COMMENTS OF THE CHIEF COMMISSIONER OF INCOME TAX, VIJAYAWADA, IT WAS DIRECTED THAT, .. TO GO THROUGH THE CONTRARY DECISION / FINDING OF THE ITAT W.R.T. CROSS APPEAL OF THE ASSESSEE IN CO NO.84/V/2017 AND IF FOUND APPROPRIATE, FILING OF MISCELLANEOUS PETITION BEFORE THE ITAT, ON THIS ISSUE, MAY BE CON SIDERED. IN VIEW OF THE ABOVE, IT IS PRAYED TO RESTORE THE ORDER PASSED IN ITA NO.502/VIZ/2017 & CO NO.84/VIZ/2017, DATED 05.10.2018 BY THE HONBLE ITAT, VISAKHAPATNAM FOR ADJUDICATION. IN THIS CONNECTION, THE PRINCIPAL COMMISSIONER OF INCOME TAX, VIJ AYAWADA, HAS ACCORDED APPROVAL FOR FILING MISCELLANEOUS APPLICATION BEFORE THE HONBLE ITAT, VISAKHAPATNAM, IN THE ABOVE CASE FOR THE ASST. YEAR 2012 - 13 VIDE LETTER IN F.NO.JUDL.II/102 - 111/PR.CIT/VJA/18 - 19 DATED 29.04.2019. THE HONBLE ITAT MAY KINDLY CON SIDER THIS MISCELLANEOUS APPLICATION AND PASS APPROPRIATE ORDER IN THE 3 M .A. NO. 14 /VIZ/201 9 , A.Y.20 1 2 - 1 3 SRI GOLLA NARAYANA RAO, VIJAYAWADA ABOVE CASE, FOR THE A.Y.2012 - 13 IN I.T.A. NO.502/VIZ/2017 & CO NO.84/VIZ/2017 DATED 05.10.2018. 2. WE HAVE GONE THROUGH THE M.A. AND ORDERS OF THIS TRIBUNAL AND FIND THAT THERE WAS A MISTAKE IN THE ORDER SINCE THE DEPARTMENT HAS FILED APPEAL AGAINST CANCELLING THE PENALTY OF RS.38,75,000/ - , WHEREAS IN THE ORDER IN I.T.A.NO. 502 /VIZ/2017 THE ITAT HAS ADJU DICATED THE ISSUE WITH REGARD TO LEVY OF PENALTY OF RS.36,60,000/ - . THEREFORE, THERE IS A MISTAKE IN THE ORDER IN RESPECT OF THE AMOUNT OF RS.2,15,000/ - WHICH WAS NOT ADJUDICATED . THEREFORE, WE RECALL THE ORDER PASSED O N 05.10.2018 AND POST THE CASE FOR HEARING ON 15 TH JUNE 2020 . ACCORDINGLY, THE M.A. AS WELL AS THE CROSS OBJECTIONS ARE RECALLED. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED ON 22 ND MAY, 2020 . S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 22 . 0 5 .20 20 L.RAMA, SPS 4 M .A. NO. 14 /VIZ/201 9 , A.Y.20 1 2 - 1 3 SRI GOLLA NARAYANA RAO, VIJAYAWADA / COPY OF THE ORDER FORWARDED TO : - 1 . / THE REVENUE ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 2(1) , VIJAYAWADA 2 . / THE ASSESSEE SRI GOLLA NARAYANA RAO, FLAT NO.FF - 4, D.NO.32 - 15/1 - 16, VIJAYA SHRADDHA TOWERS, MOGHALRAJPURAM, VIJAYAWADA 3. THE PR. COMMISSIONER OF INCOME TAX , VIJAYAWADA 4. THE COMMISSIONER OF INCOME TAX (APPEALS) , VIJAYAWADA 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM