The Assistnat Commissioner Of Income Tax, Circle-2(1), Guntur V. Tulasi Ramachandra Prabhu, Guntur

MA 30/VIZ/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3622 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-11-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 31-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D MANOJ KUMAR
• Keywords: Earning of tax free income
• Section: 14A; 201

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. 30/VIZ/2019 (ARISING OUT OF I.T.A. NO. 288 /VIZ/2016 ) ( / ASSESSMENT YEAR : 2012 - 13) ASST.COMMISSIONER OF INCOME TAX CIRCLE - 2(1) GUNTUR VS . TULASI RAMACHANDRA PRABHU D.NO.6 - 4 - 6 4/5, ARUNDELPET GUNTUR [PAN : ABCPT4938R] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI D.MANOJ KUMAR , DR / RESPONDENT BY SHRI G.V.N.HARI , AR / DATE OF HEARING : 0 8 . 11 . 201 9 / DATE OF PRONOUNCEMENT : 08 . 11 . 201 9 / O R D E R P ER D.S. SUNDER SINGH, ACCOUNTANT MEMBER : THIS MISCELLANEOUS APPL ICATION IS FILED BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL IN I.T.A. NO.288/VIZ/2016 DATED 29.05.2019 FOR THE ASSESSMENT YEAR (A.Y.) 2012 - 13. 2 M .A. NO . 30 /VIZ/201 9, A.Y.2012 - 13 TULASI RAMACHANDRA PRABHU ., GUNTUR 2. IN THE INSTANT CASE, THE ASSESSEE FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)], GUNTUR AND T HE TRIBUNAL HAS PASSED THE ORDER IN I.T.A. NO.288/VIZ/2016 DATED 29.05.2019. SUBSEQUENTLY, THE DEPARTMENT HAS FILED MISCELLANEOUS APPLICATION STATING THAT WHILE DISPOSING THE APPEAL, A MISTAKE WAS CREPT IN THE ORDER OF THE TRIBUNAL IN RESPECT OF DISALLOWA NCE U/S 14A OF THE INCOME TAX ACT, 1961 (IN SHORT ACT). THE REVENUE IN ITS MISCELLANEOUS APPLICATION SUBMITTED THAT IN PARA NO.8 OF THE ORDER, THE HONBLE ITAT HAS DECIDED THE APPEAL WITH AN IMPRESSION THAT IN THE IMPUGNED ASSESSMENT YEAR, THERE WAS NO EXEMPT INCOME, WHEREAS, AS PER THE ASSESSMENT ORDER, THE ASSESSEE HAD EARNED DIVIDEND INCOME, THUS, THE ISSUE REQUIRED TO BE REEXAMINED IN THE LIGHT OF MISTAKE OF FACT WITH REGARD TO EARNING OF DIVIDEND INCOME AND CONSEQUENT DISALLOWANCE U/S 14A OF THE ACT . THEREFORE, REQUESTED TO RECALL THE ORDER AND READJUDICATE THE ISSUE. 3. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE ORDERS OF THE LOWER AUTHORITIES AND FIND THAT THERE WAS A MISTAKE IN THE ORDER WITH REGARD TO EARNING OF DIVIDEND INCOME. DURIN G THE YEAR UNDER CONSIDERATION, THE ASSESSEE HAD EARNED THE DIVIDEND INCOME AND THE TRIBUNAL ERRONEOUSLY DISPOSED THE APPEAL UNDER THE IMPRESSION THAT THERE 3 M .A. NO . 30 /VIZ/201 9, A.Y.2012 - 13 TULASI RAMACHANDRA PRABHU ., GUNTUR WAS NO DIVIDEND INCOME ON THE BASIS OF ARGUMENTS ADVANCED BY BOTH THE PARTIES. THEREFORE, WE RECAL L THE ORDER AND POST THE CASE FOR HEARING ON 20.11.2019 FOR DECIDING THE ISSUE WITH REGARD TO THE DISALLOWANCE U/S 14A OF THE ACT. SINCE THE DATE IS FIXED IN THE OPEN COURT, NO NOTICE IS REQUIRED TO BE ISSUED. 9. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH NOVEMBER, 2019. S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 08 . 11 .2019 L.RAMA, SPS 4 M .A. NO . 30 /VIZ/201 9, A.Y.2012 - 13 TULASI RAMACHANDRA PRABHU ., GUNTUR / COPY OF THE ORDER FORWARDED TO: - 1 . / THE REVENUE ASST.COMMISSIONER OF INCOME TAX, CIRCLE - 2(1), GUNTUR 2 . / THE ASSESSEE - TULASI RAMACHANDRA PRABHU , D.NO.6 - 4 - 6, 4/5, ARUNDELPET, GUNTUR 3. / THE PR.COMMISSIONER OF INCOME TAX , GUNTUR 4. ( ) / THE COMMISSIONER OF INCOME - TAX (APPEALS) - 1 , GUNTUR 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM