The Assistant Commissioner of Income Tax, Circle-2(1), , Rajamahendravaram V. Sri Luxmi Tulasi Agro Paper Pvt.Ltd., Rajamahendravaram

MA 3/VIZ/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3258 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 22-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA
• Keywords: Audit objection
• Section: 143(3); 263

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. 03 /VIZ /2019 (ARISING OUT OF I . T . A . NO. 447 /VIZ/2016 ) (ASST. YEAR : 20 06 - 07 ) ACIT, CIRCLE - 2 ( 1 ), RAJAMAHENDRAVARAM . VS. M / S . SRI LAXMI TULASI AGRO PAPERS PVT. LTD., 25 - 2 - 20, JAYAKRISHNAPURAM, RAJAHMUNDRY. PAN NO. AAECS 2798 B (APP LICANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , A DVOCATE . 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. 447 /VIZ/201 6, DATED 2 1/0 8 /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 MA NO. 03/VIZ/2019 ( M/S. SRI LAXMI TULASI AGRO PAPER PVT. LTD. ) 2. LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THERE IS NO SUCH GROUND RAISED BY THE DEPARTMENT IN THE GROUNDS OF APPEAL . 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: - ( I ) . THE ORDER OF THE CIT(A) IS NOT MAINTAINABLE AND IS BAD IN LAW . (II) THE LD. CIT(A) ERRED IN ENTERTAINING THE APPEAL OF THE ASSESSEE ON THE ORDER OF THE AO PASSED U/SEC. 143(3) R.W.S. 263, PARTICULARLY THE ASSESSEE HAVING NOT CONTESTED THE REVISIONARY ORDER PASSED U/SEC. 263 OF THE ACT, BEFORE THE ITAT. (III) THE CIT(A) OUGHT TO HAVE DISM ISSED THE APPEAL AT THE THRESHOLD STAGE WITHOUT GOING INTO THE MERITS OF THE CASE AND OBSERVED THAT THE ASSESSING OFFICER HAS FOLLOWED THE INSTRUCTIONS OF THE REVISIONARY AUTHORITY IN MAKING DISALLOE3ANCES AND AS SUCH, UPHELD THE ASSESSMENT. (IV) THE ORDER OF THE CIT(A) IS CONTRARY TO THE SETTLED AND ESTABLISHED POSITION OF LAW ON THE ISSUE AS PER VARIOUS DECISIONS OF THE COURTS AND TRIBUNALS, INCLUDING THE JURISDICTIONAL ITAT. THE DECISION OF THE HON'BLE HIGH COURT OF GUJARAT IN THE CASE OF PR.CIT VS. THA NKYS EXPORTS PVT. LTD., REPORTED IN TA NO. 652 OF 2016 DATED 1409/2016 CAN BE OF RESOURCEFUL ASSISTANCE IN THIS REGARD. (V) ANY OTHER GROUND THAT MAY BE URGED AT THE TIME OF APPEAL 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. 3 MA NO. 03/VIZ/2019 ( M/S. SRI LAXMI TULASI AGRO PAPER PVT. LTD. ) 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 . VR/ - COPY TO: 1. THE ASSESSEE - M/S. SRI LAXMI TULASI AGRO PAPERS PVT. LTD., 25 - 2 - 20, JAYAKRISHNAPURAM, RAJAHMUNDRY. 2. THE REVENUE ACIT, CIRCLE - 2 (1), RAJAMAHENDRAVARAM . 3. THE PR. CIT , RAJAHMUNDRY . 4. THE CIT(A) - 2 , GUNTUR . 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.