DCIT , Circle-1(1), Vijayawada V. Budha Palita Timber Estates Private Limited, Vijayawada

MA 42/Hyd/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 4764 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-12-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 07-12-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 16-04-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 153C

Judgement Text

MA No 42 of 2023 Budha Palita Timber Estates P Ltd Page 1 of 3 आयकर अपीलȣय अͬधकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘B‘ Bench, Hyderabad Before Shri R.K. Panda, Vice-President AND Shri Laliet Kumar, Judicial Member M.A. No.42/Hyd/2023 (Arising out of ITA No.212/Hyd/2018) Assessment Year: 2012-13 Dy. CIT Circle 1(1) Vijayawada Vs. Budha Palita Timber Estates (P) Ltd Vijayawada PAN:AADCB3447N (Appellant) (Respondent) Revenue by: Smt. Sheetal Sarin, DR Assessee by : Shri M.V. Prasad, CA Date of hearing: 08/12/2023 Date of pronouncement: 08/12/2023 ORDER Per R.K. Panda, Vice-President The Revenue through this Miscellaneous Application requests the Tribunal to recall the order passed in the case of the assessee for the A.Y 2012-13 on the ground that certain mistakes have crept in the order of the Tribunal which requires recall/ modification of the order of the Tribunal. 2. The learned DR for the Revenue referring to the order dated 25.10.2022 submitted that a bunch of 30 appeals were decided by the Tribunal on the issue of 153C. However, in the case of M/s. Budha Palita Timber Estates (P) Ltd in ITA No.212/Hyd/2018, the assessment was completed u/s 143(3) and MA No 42 of 2023 Budha Palita Timber Estates P Ltd Page 2 of 3 the Revenue has filed an appeal against the issue of treating interest income as income from business. Therefore, the order of the Tribunal setting aside the assessment u/s 153C is not applicable to the facts of the present. She accordingly submitted that since there is a factual mistake in the order of the Tribunal, therefore, the order of the Tribunal vide ITA No.212/Hyd/2018 in the case of Dy.CIT, Central Circle 2(4) Hyderabad vs. Budha Palita Timber Estates (P) Ltd for the A.Y 2012-13 is required to be recalled and the appeal of the Revenue be decided on merit. 3. The learned Counsel for the assessee, on the other hand, fairly conceded that the assessment order for the A.Y 2012- 13 has been passed u/s 143(3) and the issue of 153C is not applicable to the assessee for the impugned A.Y. He accordingly submitted that the order of the Tribunal be recalled for deciding the issue on merit. 4. After hearing both the sides, we find a bunch of 30 appeals were decided by the Tribunal vide consolidated order dated 25.10.2022 where all the appeals were decided on the issue of 153C. However, in the case of the assessee for the A.Y 2012-13, the order was passed u/s 143(3) and there is no question of any 153C issue. Thus, a factual mistake has crept in the order passed by the Tribunal which requires rectification. Under these circumstances, we recall the order of the Tribunal in ITA No.212/Hyd/2018 and the appeal is fixed for hearing on 9.1.2024 which is announced in the Open Court. It was also announced that no separate notice of hearing shall be sent to either side and this order shall be treated as service of notice to both the sides. MA No 42 of 2023 Budha Palita Timber Estates P Ltd Page 3 of 3 We hold and direct accordingly. The M.A filed by the Revenue is accordingly allowed. 5. In the result, M.A filed by the Revenue is allowed. Order pronounced in the Open Court itself i.e. on 8 th December, 2023. Sd/- Sd/- (LALIET KUMAR) JUDICIAL MEMBER (R.K. PANDA) VICE-PRESIDENT Hyderabad, dated 8 th December, 2023. Vinodan/sps Copy to: S.No Addresses 1 Dy.CIT, Circle-1 Vijayawada 2 Budha Palita Timber Estates (P) Ltd C/o Shri M.V. Prasad, D.No.60-7- 13, 4 th Lane, Siddharth Nagar, Vijayawada 520010 3 Pr. CIT – Vijayawada, 4 DR, ITAT Hyderabad Benches 5 Guard File By Order