Assistant Commissioner of Income- Tax, Guntur V. Teja Constructions, Guntur

MA 26/VIZ/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3259 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 31-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA
• Keywords: Audit objection; Set aside
• Section: 40A(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER M.A.NO. 26 /VIZ/2019 (ARISING OUT OF I . T . A . NO. 109 /VIZ/2017 ) (ASST. YEAR : 20 08 - 09 ) AC IT, CIRCLE - 2(1) , GUNTUR . VS. M/S. TEJA CONSTRUCTIONS, D.NO. 4 - 23 - 66/7, 4 TH LANE, MUTYALAREDDY NAGAR, GUNTUR. PAN NO. AAFFT 0709 E (APP LICANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , A DV . DEPARTMENT BY : SHRI B.RAMA KRISHNA , SR. DR DATE OF HEARING : 06 / 0 3 /2020 . DATE OF PRONOUNCEMENT : 06 / 0 3 /20 20 . O R D E R PER V. DURGA RAO , JUDICIAL MEMBER BY PREFERRING THIS MISC. APPLICATION, REVENUE SEEKS RECALL OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO. 109/VIZ/2017 , DATED 06 /0 4 /201 8 ON THE GROUND THAT THERE IS AN AUDIT OBJECTION , THEREFORE P A RA 10(C) OF CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018 IS COVERED BY THIS CASE. 2. LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THERE IS NO SUCH GROUND RAISED BY THE DEPARTMENT IN THE GROUNDS OF APPEAL . 2 M A NO. 2 6 /VIZ/2019 ( M/S. TEJA CONSTRUCTIONS ) 3 . WE HAVE HEARD BOTH THE SIDES AND PERUSED THE GROUNDS OF APPEAL AND GONE THROUGH THE CBDT CIRCULAR. 4 . THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - 1. THE ORDER UNDER APPEAL IS ILLEGAL, IRREGULAR AND IMPROPER AND IS LIABLE TO BE SET ASIDE. 2. THE LD. CIT(A) ERRED IN ALLOWING THE APPEAL OF THE ASSESSEE AND DELETING THE ADDITION MADE BY THE AO U/SEC. 40A(3) OF THE I.T. ACT. 3. THE FINDING OF THE LD. CIT(A) THAT THE SELLER INSISTED ON CASH PAYMENT IN RESPECT OF PROPERTY SOLD IS WITHOUT ANY BASIS. 4. THE LD. CIT(A) ALLOWED THE APPEAL OF THE ASSESSEE WHO INCURRED EXPENDITURE IN VIOLATION OF SECTION 40A(3) OF THE I.T. ACT. 5 . ANY OTHER GROUND THAT MAY URGED AT THE TIME OF HEARING. 5. FROM THE ABOVE, IT IS VERY CLEAR THAT NO SUCH EXCEPTIONAL GROUND IS RAISED BY THE DEPARTMENT , EVEN IT WAS NOT BROUGHT TO OUR NOTICE AT THE TIME OF HEARING. UNDER THESE FACTS AND CIRCUMSTANCES OF THE CASE , WE ARE OF THE OPINION THAT THERE IS NO MISTAKE APPARENT IN THE ORDER PASSED BY THE TRIBUNAL, THEREFORE THIS MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED. 6 . IN THE RESULT, MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 06 TH DAY OF MARCH , 2020 . S D / - S D / - (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 06 TH MARCH , 20 20 . 3 M A NO. 2 6 /VIZ/2019 ( M/S. TEJA CONSTRUCTIONS ) VR/ - COPY TO: 1. THE ASSESSEE M/S. TEJA CONSTRUCTIONS, D.NO. 4 - 23 - 66/7, 4 TH LANE, MUTYALAREDDY NAGAR, GUNTUR . 2. THE REVENUE AC IT, CIRCLE - 2(1) , GUNTUR . 3. THE PR. CIT , GUNTUR. 4. THE CIT(A) - 1 , GUNTUR . 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.