The Dy. Commissioner of Income Tax, Vijayawada V. Krishna Fisheries, Vijayawada

MA 16/VIZ/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5818 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-09-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 30-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V MADHUVANI
• Keywords: Tax effect

Judgement Text

MP NO.16/VIZAG/2016 KRISHNA FISHERIES, VIJAYAWADA 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . ' , % BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER M.P. NO.16/VIZAG/2016 (ARISING OUT OF I.T.A.NO.324/VIZAG/2015) ( / ASSESSMENT YEAR: 2005-06) DCIT, CIRCLE - 2(1), VIJAYAWADA KRISHNA FISHERIES, VIJAYAWADA [PAN NO. AAGFK6267M ] ( ' / APPELLANT) ( ()' / RESPONDENT) / APPELLANT BY : S MT. V. MADHUVANI, DR / RESPONDENT BY : SHRI C. SUBRAHMANYAM, AR / DATE OF HEARING : 15.09.2017 / DATE OF PRONOUNCEMENT : 15.09.2017 / O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER: THIS MISCELLANEOUS PETITION FILED BY THE REVENUE IS DIRECTED AGAINST ORDER OF THIS COORDINATE BENCH OF ITAT VIDE ITA NO. 324/VIZAG/2015 DATED 22.12.2015 FOR THE ASSESSMENT YEAR 2005-06 FO R RECALLING THE ORDER AND DECIDE ON MERITS. MP NO.16/VIZAG/2016 KRISHNA FISHERIES, VIJAYAWADA 2 2. IN THIS CASE, THE APPEAL WAS DISMISSED SINCE BOT H THE REPRESENTATIVES HAVE AGREED THAT THE TAX EFFECT INV OLVED WAS LESS THAN RS.10.00 LAKHS. THE REVENUE HAS FILED THE MISCELLA NEOUS APPLICATION AGAINST THE ORDER OF THIS TRIBUNAL STATING THAT THE APPEALS WERE FILED FOR THE ASSESSMENT YEARS 2005-06 TO 2011-12 ON COMMON I SSUE. AS PER INSTRUCTION NO.5 OF 2014 DATED 10.7.2014 IN PARA NO .5 CBDT DIRECTED THAT IN CASE OF A COMPOSITE ORDER OF ANY HIGH COURT OR APPELLATE AUTHORITY WHICH INVOLVES MORE THAN 1 ASSESSMENT YEA R AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR APPEAL SHAL L BE FILED IN RESPECT OF ALL SUCH ASSESSMENT YEARS EVEN IF TAX EFFECT IS LESS THAN THE PRESCRIBED MONETARY LIMITS IN ANY OF THE YEARS. 3. THE LD. D.R. SUBMITTED DURING THE HEARING THAT T HE CASE IS COVERED BY EXCEPTION IN PARA 5 OF THE CIRCULAR NO.21 OF 201 5 DATED 10.9.2015 ALSO. IN THIS CASE, THE APPEALS WERE FILED FOR THE ASSESSMENT YEAR 2005- 06 TO 2011-12 ON COMMON ISSUE. HENCE ARGUED THAT T HE APPEAL IS MAINTAINABLE AND REQUESTED TO RECALL THE ORDER AND DECIDE THE APPEAL ON MERITS. 4. ON THE OTHER HAND, THE LD. A.R. FAIRLY CONCEDED THAT THE APPEAL REQUIRED TO BE RECALLED AND TO BE HEARD ON MERITS. 5. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE MATER IALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHOR ITIES BELOW AND MP NO.16/VIZAG/2016 KRISHNA FISHERIES, VIJAYAWADA 3 SATISFIED THAT THE APPEAL IS COVERED BY EXCEPTION I N PARA NO. 5 OF THE CIRCULAR NO.21 OF 2015 AND THE APPEAL IS MAINTAINAB LE. ACCORDINGLY, WE RECALL THE ORDER AND FIX THE HEARING ON 27/09/2017. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESE NCE OF BOTH THE PARTIES, NO SEPARATE NOTICE WILL BE ISSUED FROM THE REGISTRY. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT O N 15 TH SEPT17. SD/- SD/- ( . ) ( . . ' ) (V. DURGA RAO) (D.S. SUNDER SINGH) /JUDICIAL MEMBER /ACCOUNTANT MEMBER ! /VISAKHAPATNAM: % /DATED : 15.09.2017 VG/SPS )! *! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE DCIT, CIRCLE-2(1), VIJAYAWAD A 2. / THE RESPONDENT M/S. KRISHNA FISHERIES, D.NO.36 -11-5, SANTHI NAGAR, MOGALRAJ PURAK, VIJAYAWADA-520 010. 3. + / THE CIT, VIJAYAWADA 4. + ( ) / THE CIT (A), VIJAYAWADA 5. ! . , . , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM