Nelluru Jagadeswara Rao, Srikakulam V. Income Tax Officer, Ward - 2, Srikakulam

MA 22/VIZ/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9807 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 6 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-12-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 08-05-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: S V SATYANARAYANA

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. 2 2 /VIZ/ 201 8 (ARISING OUT OF I.T.A.NO. 303 /VIZ/201 7 ) ( / ASSESSMENT YEAR: 20 11 - 20 1 2 ) NELLURU JAGADESWARA RAO PROP:CHANDU WINES D.NO.1 - 571, DEVANGALA STREET NANDIGAM VILLAGE SRIKAKULAM DIST [PAN : AFXPN3294Q ] VS. INCOME TAX OFFICER WARD - 2 , SRIKAKULAM ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SRI S.V.SATYANARAYANA, AR / RESPONDENT BY : SMT. SUMAN MALIK, DR / DATE OF HEARING : 07 . 12. 2018 / DATE OF PRONOUNCEMENT : 07 . 12 .2018 / O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER: THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE ITAT VIDE I.T.A. NO.303/VIZ/2017 DATED 07.03.2018 FOR THE ASSESSMENT YEAR (A.Y.) 2011 - 12. 2 M .A. NO . 2 2 /VIZ/201 8 NELLURU JAGADESWARA RAO, SRIKAKULAM 2. THE ASSESSEE IS IN LIQUOR BUSINESS AND FILED APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] BEFORE THE TRIBUNAL CHALLENGING THE CONFIRMATION OF THE ADDITION MADE BY THE ASSESSING OFFICER (AO) IN RESPECT OF OPENING CAPITAL, CASH CREDITS AND SQUARED UP ACCOUNTS. THE ASSESSEE FILED APPEAL RAISING AS MANY AS SIX GROUNDS IN APPEAL . THE ITAT HEAD THE A PPEAL AND PASSED ORDER ON 07.03.2018. AGAINST THE ORDER OF THE ITAT, T HE ASSESSEE FI LED MISCELLANEOUS A PPLICATION STATING THAT WHILE ADJUDICATING THE APPEAL, THE TRIBUNAL DID NOT DECIDE THE GROUND NO.3 AND 5 RELATING TO SOURCE FOR THE OPENING CAPITAL AND THE SQUARED UP ACCOUNTS, HENCE REQUESTED TO RECALL THE ORDER FOR ADJUDICATION OF GROUND NO.3 AND 5. 3. WE HEARD BOTH THE PARTIES AND GONE THROUGH THE ORDER OF THIS TRIBUNAL AND FIND THAT GROUND NO.3 AND 5 ARE SKIPPED FROM OUR ATTENTION WHILE ADJUDICATING THE APPEAL OF THE ASSESSEE. THEREFORE WE RECALL THE ORDER DATED 07.03.2018 TO ADJUDICATE GROUND NO.3 AND 5 WITH REGARD TO THE ISSUE OF SOURCE FO R THE OPENING CAPITAL AND THE SQUARED UP ACCOUNTS. ACCORDINGLY THE APPEAL OF THE ASSESSEE IS RECALLED AND POST ED FOR HEARING ON 21.01.2019. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED FROM THE REGISTRY. 3 M .A. NO . 2 2 /VIZ/201 8 NELLURU JAGADESWARA RAO, SRIKAKULAM 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. O RDER PRONOUNCED IN THE OPEN COURT ON 7 TH DECEMBER , 2018. SD/ - SD/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 07 . 1 2 .2018 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO: - 1. / THE APPELLANT NELLURU JAGADESWARA RAO , PROP:CHANDU WINES D.NO.1 - 571, DEVANGALA STREET , NANDIGAM VILLAGE , SRIKAKULAM DIST 2 . / THE RESPONDENT INCOME TAX OFFICER , WARD - 2 , SRIKAKULAM 3. THE PR. COMMISSIONER OF INCOME TAX - 2 , VI SAKHAPATNAM 4 .THE COMMISSIONER OF INCOME TAX (APPEALS) - 1 , GUNTUR, CAMP : VISAKHAPATNAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM