ACIT, CIRCLE - 1, Rajahmundry V. GVK Power & Infrastructure Ltd., Jegurupadu, Rajahmundry

MA 65/VIZ/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0270 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 11 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 28-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER M.A.NO. 65/VIZ/2017 (ARISING OUT OF I TA NO. 3 23 / VIZ /201 4 ) (ASST. YEAR : 20 1 0 - 11 ) A CIT, CIRCLE - 2 ( 1 ) , RAJAHMUNDRY. VS . M/S. G.V.K. POWER & INFRASTRUCTURE LTD., 5 - 48, GVK POWER PLANT, JEGURUPADU, KADIAM MANDAL, EAST GODAVRI DISTRICT. PAN NO. AAACJ 5599 A (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI ADV OCATE . DEPARTMENT BY : SHRI GURUS W AMY SR. DR DATE OF HEARING : 07 / 0 9 /201 8 . DATE OF PRONOUNCEMENT : 07 / 09 /201 8 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER TH IS MISC. APPLICATION FILED BY THE DEPARTMENT AGAINST THE ORDER OF THIS TRIBUNAL PASSED IN ITA NO. 323/VIZ/2014, DATED 05/05/2017 , WHEREBY GROUND NO.5 RAISED BY THE DEPARTMENT HAS NOT BEEN ADJUDICATED. 2. GROUND NO.5 RAISED BY THE DEPARTMENT IS AS FOLLOWS: - 5. THE CIT(A) ERRED IN DELETING THE ADDITION MADE ON ACCOUNT OF DISALLOWANCE OF STAFF WELFARE EXPENSES OF RS. 43,01,467/ - IN THE ABSENCE OF NEXUS WITH THE BUSINESS CARRIED ON BY THE ASSESSEE. 2 M A NO. 65 /VIZ/2017 ( M/S. G.V.K. POWER & INFRASTRUCTURE LTD. ) 3 . ON THE OTHER HAND, L D. COUNSEL FOR THE ASSESSEE HAS NOT RAISED ANY OBJECTION. 4 . WE FIND THAT THE TRIBUNAL WHILE PASSING THE ORDER IN ITA NO. 323/VIZ/2014 , DATED 05/05/2017 THE ABOVE GROUND NO.5 RAISED BY THE DEPARTMENT HAS NOT BEEN ADJUDICATED. THEREFORE, THERE IS A MISTAKE IN THE ORDER PASSED BY THE TR IBUNAL. THEREFORE, IT HAS TO BE RECALLED ONLY FOR THE PURPOSE OF ADJUDICATION OF GROUND NO.5 . ACCORDINGLY, THE ORDER PASSED BY THE TRIBUNAL DATED 05/05/2017 PASSED IN ITA NO. 323/VIZ/2014 IS RECALLED FOR ADJUDICATION OF GROUND NO.5. REGISTRY IS DIRECTED TO POST THIS APPEAL FOR HEARING ON 16/10/2018. SINCE THE ORDER IS PRONOUNCED IN THE OPEN COURT, NO NOTICE IS REQUIRED TO BE SENT TO THE PARTIES. 5. IN THE RESULT, MISC. APPLICATION FILED BY THE DEPARTMENT IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 07 TH DAY OF SEP . , 201 8 . S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 07 TH SEP. , 201 8 . VR/ - 3 M A NO. 65 /VIZ/2017 ( M/S. G.V.K. POWER & INFRASTRUCTURE LTD. ) COPY TO: 1. THE ASSESSEE - M/S. G.V.K. POWER & INFRASTRUCTURE LTD., 5 - 48, GVK POWER PLANT, JEGURUPADU, KADIAM MANDAL, EAST GODAVRI DISTRICT. 2. THE REVENUE ACIT, CIRCLE - 2(1), RAJAHMUNDRY. 3. THE CIT, RAJAHMUNDRY. 4. THE CIT(A) , VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.