ACIT, Circle-2(1), Tirupathi (Formerly the Jurisdiction was with DCIT, Circle, Nellore), Nellore V. Chadalavada Hari Prasad, Gudur, Hyderabad

MA 48/Hyd/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6077 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-01-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 19-01-2018
• Assessment Year: 2007-2008
• Appeal Filed On: 18-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: A V RAGHURAM
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A, HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER M.A. NO. 48/HYD/2017 (ARISING OUT OF ITA NO. 139/HYD/2017) ASSESSMENT YEAR: 2007-08 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2(1), TIRUPATI (FORMERLY THE JURISDICTION WAS WITH THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, NELLORE) VS CHADALAVADA HARIPRASAD, GUDUR [PAN: ABVPC1883H] (APPLICANT) (RESPONDENT) FOR REVENUE : SMT. SUMAN MALIK, DR FOR ASSESSEE : SHRI A.V. RAGHU RAM, AR DATE OF HEARING : 19-01-2018 DATE OF PRONOUNCEMENT : 19-01-2018 O R D E R PER B. RAMAKOTAIAH, A.M. : THIS IS A MISCELLANEOUS APPLICATION, PREFERRED BY THE REVENUE AGAINST THE ORDER OF ITAT IN ITA NO. 139/HYD/ 2017, DATED 10-02-2017. THE ISSUE IN THIS APPEAL IS WITH RE FERENCE TO DISALLOWANCE U/S. 40(A)(IA) OF THE INCOME TAX ACT [AC T]. ASSESSEE HAD PREFERRED A STAY APPLICATION. WHILE CONSIDERING TH E STAY APPLICATION, AS THE ISSUE WAS COVERED BY THE SPECIAL B ENCH OF ITAT AS WELL AS THE OBSERVATIONS OF THE HON'BLE HIGH COURT O F ANDHRA 2 M.A. NO. 48/HYD/2017 PRADESH AND HON'BLE HIGH COURT OF ALLAHABAD IN THE C ASE OF CIT VS. VECTOR SHIPPING SERVICES PVT. LTD. (357 ITR 642) (ALL), THE APPEAL WAS DISPOSED, ALLOWING ASSESSEES CONTENTIONS U/S. 40(A)(IA) THAT NO OUTSTANDING AMOUNT WAS AVAILABLE AS ON THE LAST DAY OF THE YEAR. CONSEQUENT TO THE DECISION OF THE HON' BLE SUPREME COURT IN THE CASE OF M/S. PALAM GAS SERVICE V S. CIT [81 TAXMANN.COM 43 (SC) (2017)], WHEREIN IT WAS HELD THAT THE PROVISIONS OF SECTION 40(A)(IA) WILL APPLY TO BOTH PA ID OR PAYABLE AMOUNTS IF TDS HAS NOT BEEN MADE ON THOSE AMOUNTS, AO HAS PREFERRED THE PRESENT MISCELLANEOUS APPLICATION, SEEK ING RECALL OF THE IMPUGNED ORDER. 2. LD. COUNSEL, WHO APPEARED ON BEHALF OF ASSESSEE HAS SUBMITTED THAT ASSESSEE HAS ALTERNATE CONTENTIONS ALSO A ND THE APPEAL IS TO BE HEARD ON MERITS. CONSIDERING THE ARGUM ENTS AND THE GROUNDS RAISED IN THE APPEAL, WE ARE OF THE OPINIO N THAT THE ORDER IS TO BE RECALLED AND APPEAL IS TO BE RE-HEARD. ACCORDINGLY THE CASE IS POSTED FOR HEARING ON 28-02-2018 TO BE HE ARD AFRESH. AS THE DATE HAS BEEN ANNOUNCED IN THE OPEN COURT, NO F RESH NOTICE NEED BE GIVEN TO BOTH THE PARTIES. 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH JANUARY, 2018 UPON CONCLUSION OF HEARING SD/- SD/- (D. MANMOHAN) (B. RAMAKOTAIAH) VICE PRESIDENT ACCOUNTANT MEMBE R HYDERABAD, DATED 19 TH JANUARY, 2018 TNMM 3 M.A. NO. 48/HYD/2017 COPY TO : 1. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2(1 ), TIRUPATI. [FORMERLY THE JURISDICTION WAS WITH THE D EPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, NELLORE]. 2.CHADALAVADA HARIPRASAD, GUDUR. C/O. K. VASANT KUM AR & A.V. RAGHU RAM, ADVOCATES, 610, 6 TH FLOOR, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD. 3. CIT (APPEALS)-TIRUPATI. 4. PR.CIT-TIRUPATI. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.