Deputy Commissioner of Income Tax, Circle-2(1), , Vijayawada V. Sri Kanaka Durga Projects., Vijayawada

MA 26/VIZ/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8367 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-04-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 14-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONOWAL
• Assessee Lawyers: D L N RAO
• Keywords: Tax effect

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. 26 /VIZ/201 8 (ARISING OUT OF I .T.A. NO. 201 /VIZ/20 1 6 ) ( / ASSESSMENT YEAR: 20 12 - 13 ) DY .COMMISSIONER OF INCOME TAX CIRCLE - 2(1) VIJAYAWADA VS. M/S SRI KANAKA DURGA PROJECTS , D.NO.41 - 1 - 63, BRAMARAMBAPURAM GANGANAMMA TEMPLE STREET KRISHNA LANKA VIJAYAWADA [PAN :AAPFS4216K] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI D.K.SONOWAL , D R / RESPONDENT BY : S HRI D.L.N RAO , A R / DATE OF HEARING : 05 . 0 4 . 201 9 / DATE OF PRONOUNCEMENT : 10 .0 4 . 201 9 / O R D E R PER V.DURGA RAO , JUDICIAL MEMBER: IN THIS CASE, THE REVENUE FILED APPEAL AGAINST THE ORDER OF THE LD. CIT(A), VIJAYAWADA VIDE ITA NO.467/CIT(A)/VJA/2014 - 15 DATED 25.01.2016. THE APPEAL WAS DISPOSED OFF BY THIS TRIBUNAL VIDE ITA NO.201/VIZ/2016 DATED 21.12.2017. THE ITAT DISMISSED THE APPEAL OF THE 2 M .A. NO . 26 /VIZ/2018 M/S SRI KANAKA DURGA PROJECTS, VIJAYAWADA REVENUE AS NOT MAINTAINABLE SINC E, THE TAX EFFECT IN THIS CASE WA S STATED TO BE BELOW RS.10 LAKHS AS PER CIRCULAR NO.21/2015 DATED 10.12.2015. 2. AGAINST THE ORDER OF THIS TRIBUNAL, THE AO FILED MISCELLANEOUS APPLICATION DATED 11.05.2018 STATING THAT IN THIS CASE, THERE IS AN ERROR IN THE ORDER AND THE TAX EFFECT IN THIS CASE IS MORE THAN RS.10 LAKHS, HENCE REQUESTED TO RECALL THE ORDER AND ADJUDICATE THE ISSUE ON MERITS. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL PLACED ON RECORD. IN THE INSTANT CASE, THE ADDITION MADE BY THE AO WAS RS.1,59,69,631/ - AND THE RELIEF GRANTED BY THE LD.CIT(A) WAS MORE THAN RS.10 LAKHS. THIS FACT HAS MISSED THE ATTENTION OF BOTH THE PARTIES I.E THE LD.AR AND THE LD.DR AT THE TIME OF APPEAL HEARING. THEREFORE, WE RECALL THE ORDER FOR ADJUDICATION ON MERITS AND POST THE APPEAL FOR HEARING ON 30.05.2019. SINCE THE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, NO NOTICE IS REQU IRED TO BE ISSUED SEPARATELY TO BOTH THE PARTIES. 4 . IN TH E RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE IS ALLOWED. 3 M .A. NO . 26 /VIZ/2018 M/S SRI KANAKA DURGA PROJECTS, VIJAYAWADA ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH APRIL, 2019. S D/ - S D/ - ( . . ) ( . ) ( D.S. SUNDER SINGH ) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER /VISAKHAPATNAM /DATED : 10 .04.2019 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO: - 1 . / THE REVENUE DY. COMMISSIONER OF INCOME TAX , CIRCLE - 2(1) , GUNTUR 2 . / THE ASSESSEE - M/S SRI KANAKA DURGA PROJECTS , D.NO.41 - 1 - 63, BRAMARAMBAPURAM , GANGANAMMA TEMPLE STREET , KRISHNA LANKA , 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