N Surya Prakash Rao, Hyderabad V. ACIT, Circle-3(2), Hyderabad

MA 30/Hyd/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6989 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-08-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2009-2010
• Appeal Filed On: 18-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P MURALI MOHAN RAO
• Section: 254(2); 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER M.A. NO. 30 /HYD/20 19 (ARISING OUT OF ITA NO. 1579 /HYD/201 4 ) ASSESSMENT YEAR : 200 9 - 10 SRI N. SURYA PRAKASH RAO HYDERABAD [PAN: ABEPN6337L] VS. ACIT, CIRCLE 3 (2) HYDERABAD ( APPELLANT) (RESPONDENT) ASSESSEE BY: SRI P. MURALI MOHAN RAO, ADV. REVENUE BY : SRI SANJEEV BHAGAT, DR DATE OF HEARING: 30 / 07 / 2021 DATE OF PRONOUNCEMENT: 17 / 0 8 /20 21 ORDER PER SMT. P. MADHAVI DEVI, J.M. TH IS M.A. IS FILED BY THE ASSESSEE U/S 254(2) OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT], SEEKING RECTIFICATION OF ALLEGED MISTAKE S IN THE ORDER OF THE TRIBUNAL DATED 31.03.2015 I N ITA NO. 1579 /HYD/201 4 FOR THE A.Y. 2009 - 10. 2. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS RAISED 8 GROUNDS OF APPEAL AMONGST WHICH GROUND NOS. 2 TO 5 ARE AGAINST THE PROCEEDINGS U/S 154 OF THE ACT AND GROUND NOS. 7 AND 8 ARE AGAINST ORDER U/S 179(1) OF THE ACT, BUT ACCORDING TO HIM , ITAT HAS DECIDED GROUND NOS. 6 AND 7 ONLY AND HAS NOT ADJUDICATED MA NO . 30 /HYD/ 20 19 [ARISING OUT OF ITA NO. 1579 /HYD/201 4 ] AY 200 9 - 10 SRI N. SURYA PRAKASH RAO, HYD. PAGE 2 OF 3 GROUND NOS. 2 TO 5 . T HEREFORE, ACCORDING TO HIM , THERE IS A MISTAKE APPARENT FROM RECORD WHICH NEEDS RECTIFICATION. 2.1. LD.DR WAS ALSO HEARD. 3. ON GOING THROUGH THE ORDER OF THE TRIBUNAL AND GROUNDS RAISED BY THE ASSESSEE, WE FIND THAT ASSESSEES GROUND S AGAINS T PROCEEDINGS U/S 154 DATED 5 . 8.2014 AND THE VALIDITY OF THE SAME HAVE NOT BEEN ADJUDICATED BY THE TRIBUNAL. THEREFORE, WE DEEM IT FIT AND PROPER TO RECALL THE ORDER OF THE TRIBUNAL ONLY FOR CONSIDERATION OF GROUND NOS. 2 TO 5. IT IS NEEDLESS TO MENTIO N THAT THE DECISION OF THE ITAT ON GROUND NOS. 6 AND 7 HOLDS GOOD. THE ORDER IN THE CAPTIONED APPEAL IS THEREFORE RECALLED FOR ADJUDICATION OF GROUND NOS. 2 TO 5 ONLY. THE APPEAL IS POSTED FOR HEARING ON 12.10.2021. SINCE THE DATE OF HEARING HAS BEEN P RONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THERE IS NO NEED FOR SERVICE OF NOTICE OF HEARING TO BOTH THE PARTIES. 4. IN THE RESULT, THE M.A. FILED BY ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH AUGUST, 2021 . SD/ - SD/ - ( L.P. SAHU ) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 17 TH AUGUST, 2021 . * GMV MA NO . 30 /HYD/ 20 19 [ARISING OUT OF ITA NO. 1579 /HYD/201 4 ] AY 200 9 - 10 SRI N. SURYA PRAKASH RAO, HYD. PAGE 3 OF 3 COPY TO: S.NO ADDRESSES 1 SRI N. SURYA PRAKASH RAO, C/O P. MURALI & CO.., CHARTERED ACCOUNTANTS, 6 - 3 - 655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD 2 ACIT, CIRCLE 3(2), HYDERABAD 3 CIT(A) - 4 , HYDERABAD 4 PR.CIT - 4 , HYDERABAD 5 DR, ITAT HYDERABAD 6 GUARD FILE