Income Tax Officer, Ward 2(2), , Vijayawada V. Chalasani Venkat, Vijayawada

MA 34/VIZ/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0385 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 08-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Section: 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. 34 /VIZ/201 8 (ARISING OUT OF I.T.A NO. 2 04 /VIZ/201 5 ) ( / ASSESSMENT YEAR : 20 11 - 12 ) INCOME TAX OFFICER WARD - 2( 2 ) VIJAYAWADA VS. CHALASANI VENKAT D.NO.40 - 10 - 2B PENT HOUSE RAMAPRIYA RESIDENCY MOGALRAJPURAM VIJAYAWADA [PAN :A HVPC1673P ] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : S MT.SUMAN MALIK , DR / RESPONDENT BY : SHRI C.SUBRAHMANYAM, AR / DATE OF HEARING : 0 6 . 0 9 . 201 9 / DATE OF PRONOUNCEMENT : 06 .0 9 . 201 9 / O R D E R P ER SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER : IN THE INSTANT CASE, THE REVENUE HAS FILED MISCELLANEOUS APPLICATION AGAINST THE APPEAL ORDER PASSED BY THIS TRIBUNAL IN I.T.A. NO.204/VIZ/2015 DATED 07.08.2018 STATING THAT GROUND NO.3 OF THE APPEAL WAS NOT 2 M .A. NO . 34 /VIZ/201 8 , A.Y.20 11 - 12 CHALASANI VENKAT , VIJAYAWADA ADJUDICATED. SUBSEQUENTLY, THE DEPARTMENT HA D R EALIZED THAT THE ISSUE WAS ADJUDICATED IN PARA NO. 16 A ND 17 OF THE ORDER OF THE ITAT AND HENCE THERE IS NO MISTAKE IN THE ORDER OF THE TRIBUNAL. THEREFORE, THE DEPARTMENT HAS REQUESTED PERMISSION TO WITHDRAW THE MISCELLANEOUS APPLICATION FILED BY IT . TH E LD.AR HAS NOT EXPRESSED ANY OBJECTION FOR WITHDRAWING THE MISCELLANEOUS APPLICATION OF THE REVENUE . T HEREFORE, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED AS WITHDRAWN. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY THE RE VENUE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH SEPTEMBER 2019. S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 06 . 09 .2019 L.RAMA, SPS 3 M .A. NO . 34 /VIZ/201 8 , A.Y.20 11 - 12 CHALASANI VENKAT , VIJAYAWADA / COPY OF THE ORDER FORWARDED TO: - 1 . / THE REVENUE INCOME TAX OFFICER , WARD - 2( 2 ) , VIJAYAWADA 2 . / THE ASSESSEE - CHALASANI VENKAT, D.NO.40 - 10 - 2B, PENT HOUSE , RAMAPRIYA RESIDENCY, MOGALRAJPURAM, 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