The ITO, Ward-2, Bhimavaram V. M/s The Agricultural Market Committee, Undi

MA 59/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4718 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-06-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 25-06-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 11-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUBRATA SARKAR

Judgement Text

MA NO.59/VIZAG/2009 (ARISING OUT OF ITA NO.269/VIZ/2009) AMC UNDI PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER M.A.NO.59/VIZAG/2010 (ARISING OUT OF ITA NO.269/VIZ/2009) ASSESSMENT YEAR: 2006-07 ITO WARD-2, BHIMAVARAM AGRICULTURAL MARKET COMMITTEE, UNDI (APPELLANT) PAN NO: AAALA 0675 M VS. (RESPONDENT) APPELLANT BY: SHRI SUBRATA SARKAR, CIT(DR) RESPONDENT BY: NONE ORDER PER SHRI B. R. BASKARAN, ACCOUNTANT MEMBER: BY FILING THIS PETITION, THE DEPARTMENT HAS BROUGH T TO OUR NOTICE THAT A MISTAKE APPARENT FROM RECORD HAS CREPT IN THE ORD ER DATED 06 TH JANUARY, 2010 PASSED BY THIS BENCH IN A GROUP OF APPEALS PER TAINING TO AGRICULTURAL MARKET COMMITTEES IN SO FAR AS IT RELATES TO THE I TA NO.269/VIZ/2009 PERTAINING TO THE AGRICULTURAL MARKET COMMITTEE, U NDI. 2. IT WAS POINTED OUT BY LEARNED DEPARTMENTAL R EPRESENTATIVE THAT THE DISCUSSION MADE IN PARA 2 OF THE ORDER IS CONTRADIC TORY TO THE DECISION RENDERED BY LEARNED CIT(A) PASSED IN THE CASE OF A GRICULTURAL MARKET COMMITTEE, UNDI IN ITA NO. 269/VIZ/2009. 3. ON A CAREFUL PERUSAL OF THE SAID ORDER, WE N OTICE THAT THE APPEAL LISTED IN SERIAL NO.1, I.E. THE ITA NO.269/VIZ/2009, WHICH IS BEING CONSIDERED NOW, IS AN APPEAL FILED BY THE ASSESSEE, WHERE AS ALL OT HER APPEALS HAVE BEEN FILED BY THE REVENUE. WE NOTICE THAT, BY PASSING T HE ORDER DATED 6 TH MA NO.59/VIZAG/2009 (ARISING OUT OF ITA NO.269/VIZ/2009) AMC UNDI PAGE 2 OF 3 JANUARY, 2010 CITED SUPRA, WE HAVE ONLY DISPOSED OF THE APPEALS FILED BY THE REVENUE AND THE CROSS OBJECTIONS FILED BY THE A SSESSEE. THUS NO DECISION WAS RENDERED BY US IN RESPECT OF THE APPEA L FILED BY THE ASSESSEE REFERRED SUPRA. 4. IN VIEW OF THE ABOVE, WE MAKE THE FOLLOWING MO DIFICATIONS/AMENDMENTS TO THE ORDER DATED 6 TH JANUARY, 2010 IN ORDER TO DISPOSE OF THE APPEAL FI LED BY THE ASSESSEE WHICH IS NUMBERED AS ITA NO.269/VIZ /2009. (A) IN THE PLACE OF FIRST PARAGRAPH, THE FOLLOWIN G PARAGRAPH IS SUBSTITUTED. THE APPEALS FILED AT THE INSTANCE OF THE REVENUE A S WELL AS THE CROSS OBJECTIONS FILED AT THE INSTANCE OF THE ASSES SEES, WHICH ARE LISTED OUT IN SERIAL NO. 2 TO 24 ABOVE, ARE DIR ECTED AGAINST THE ORDER OF LEARNED CIT(A)-I, VISAKHAPATNAM PASSED AGAINST THE QUANTUM ASSESSMENTS RELATING TO ASSESSMENT YEAR S MENTIONED AGAINST THE EACH OF THE ITA NUMBERS ABOVE .. (B) THE PARAGRAPH NUMBERED AS 6 SHALL BE DELETED A ND INSTEAD FOLLOWING TWO PARAGRAPHS ARE INSERTED. 6. THE APPEAL IN SERIAL NO.1, I.E. ITA NO.269/VI Z/2009 IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATE D 09.4.2009 PASSED BY LEARNED CIT(A), RAJAHMUNDRY AND IT RELATE S TO THE ASSESSMENT YEAR 2006-07. THE LEARNED CIT(A) HAS AL LOWED THE APPEAL FILED BY THE ASSESSEE IN PART, WHICH INTER A LIA, INCLUDES REJECTION OF THE CLAIM OF THE ASSESSEE FOR EXEMPTIO N U/S 10(26AAB) OF THE ACT. IN THE PRECEDING PARAGRAP HS, WE HAVE HELD THAT THE SECTION 10(26AAB) IS RETROACTIVE IN O PERATION AND HENCE THE SAME IS APPLICABLE EVEN FOR THE ASSESSMEN T YEAR 2006-07, BEING THE YEAR UNDER CONSIDERATION. ACCOR DINGLY WE REVERSE THE ORDER PASSED BY LEARNED CIT(A) AND DIRE CT THE ASSESSING OFFICER TO APPLY THE PROVISIONS OF SECTIO N 10(26AAB) TO THE CASE OF THE ASSESSEE. 7. IN THE RESULT THE APPEAL OF THE ASSESSEE IN ITA NO.269/VIZ/2009 IS ALLOWED AND ALL OTHER APPEALS FI LED BY THE MA NO.59/VIZAG/2009 (ARISING OUT OF ITA NO.269/VIZ/2009) AMC UNDI PAGE 3 OF 3 REVENUE AND THE CROSS OBJECTIONS FILED BY THE ASSES SEES ARE DISMISSED. 5. THE AMENDMENTS MENTIONED ABOVE SHALL FORM PA RT OF THE ORDER DATED 6 TH JANUARY, 2010 REFERRED SUPRA AND BOTH THE ORDERS SH OULD BE READ IN CONJUNCTION. SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM, DATE: 25 TH JUNE, 2010 COPY TO 1 THE ITO WARD-2 BHIMAVARAM 2 AGRICULTURAL MARKET COMMITTEE, UNDI, WEST GODAVAR I 3 4. ITO WARD-1, ANAKAPALLE ITO WARD- SRIKAKULAM 5 AGRICULTURAL MARKET COMMITTEE, CHODAVARAM 6 AGRICULTURAL MARKET COMMITTEE, YELLAMANCHILI 7 AGRICULTURAL MARKET COMMITTEE, NARSIPATNAM 8 AGRICULTURAL MARKET COMMITTEE, ANAKAPALLE 9 AGRICULTURAL MARKET COMMITTEE, PONDURU 10 THE COMMISSIONER OF INCOME-TAX (APPEALS), RAJAHMUND RY 11 THE COMMISSIONER OF INCOME-TAX, RAJAHMUNDRY 12 THE COMMISSIONER OF INCOME-TAX (APPEALS), VISAKHAPA TNAM 13 THE COMMISSIONER OF INCOME-TAX, VISAKHAPATNAM 14 THE DEPARTMENTAL REPRESENTATIVE, ITAT VISAKHAPATNAM 15 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM