The ITO, Ward-2, Vizianagaram V. Sri K Venkateswara Rao, Vizianagaram

MA 6/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4548 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-03-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 12-03-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 02-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G S S GOPINATH
• Keywords: Tax effect

Judgement Text

PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER MA NO.6/VIZAG/2010 (ARISING OUT OF ITA 123/VIZAG/2007) ASSESSMENT YEAR: 2000-01 ITO WARD-2, VIZIANAGARAM VS. SRI K. VENKATESWARA RAO, VIZIANAGARAM (APPELLANT) (RESPONDENT) PAN NO: ADLPK 4310 B APPELLANT BY: SHRI G.S.S. GOPINATH, DR RESPONDENT BY: SHRI G.V.N. HARI, CA ORDER PER SHRI B R BASKARAN, ACCOUNTANT MEMBER : BY THIS PETITION THE REVENUE SEEKS RECALL OF ORDER DATED 18-08-2009 PASSED BY THIS BENCH IN THE CASE CITED ABOVE. 2. WE HAVE HEARD THE PARTIES IN THIS REGARD. WE NOT ICE THAT THE APPEAL OF THE REVENUE WAS DISMISSED ON THE GROUND THAT THE TAX EFFECT IN THE APPEAL WAS LESS THAN RS.2.00 LAKHS. IN THIS PETITI ON IT IS SUBMITTED THAT THE TAX EFFECT IN THIS CASE IS MORE THAN RS.2.00 LAKHS AND HENCE THE APPEAL SHOULD NOT HAVE BEEN DISMISSED ON THE GROUND OF TAX EFFECT. ACCORDINGLY IT WAS PRAYED FOR RECALL ON THE GROUND THAT THERE I S A MISTAKE APPARENT FROM RECORD IN THE ORDER OF THE TRIBUNAL. THE LD AR APP EARING ON BEHALF OF THE ASSESSEE EXPRESSED NO OBJECTION TO THE PRAYER OF TH E REVENUE. 3. IN VIEW OF THE ABOVE, WE RECALL THE ORDER CI TED ABOVE AND THE REGISTRY IS DIRECTED TO POST THE CASE FOR HEARING ON 17-05-2 010. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESE NCE OF PARTIES, IT MAY BE PAGE 2 OF 2 NOTED BY THE PARTIES THAT THE FORMAL NOTICE OF HEAR ING WILL NOT BE SENT TO THEM. PRONOUNCED ACCORDINGLY IN THE OPEN COURT ON 12-0 3-2010 SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM, DATE: 12-03-2010. COPY TO 1 THE ITO WARD-2, VIZIANAGARAM 2 SRI K.VENKATESWARA RAO, S/O K. APPALA NARASAYYA, VYSYAS STREET, LAKKAVARAPU KOTA, VIZIANAGARAM 3 THE CIT(A)-I VISAKHAPATNAM 4 THE CIT VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM