M/s AGRICULTURAL MARKET COMMITTEE, Visakhapatnam V. THE ITO, WARD - 4(1), Visakhapatnam

MA 75/VIZ/2012

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1741 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-02-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 28-02-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 29-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K SINGH
• Assessee Lawyers: B V RENO

Judgement Text

MP NOS.75&76/VIZAG/2012 AGRICULTURAL MARKET COMMITTEE, VSKP IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.P. NOS.75 & 76/VIZAG/2012 (ARISING OUT OF ITA NOS.507/VIZAG/2012 & ITA 66/VIZAG/2012) ASSESSMENT YEARS : 2003-04 & 2004-05 RESPECTIVELY AGRICULTURAL MARKET COMMITTEE VISAKHAPATNAM VS. ITO WARD-4(1) VISAKHAPATNAM (APPELLANT) (RESPONDENT) PAN NO.AAALA 0418L ASSESSEE BY: SHRI B.V. RENO, C.A. REVENUE BY: SHRI R.K. SINGH, ADDL. CIT DATE OF HEARING : 28.02.2014 DATE OF PRONOUNCEMENT : 28.02.2014 ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER:- T HESE TWO MISCELLANEOUS APPLICATIONS HAVE BEEN FILED AT THE INSTANCE OF THE ASSESSEES MENTIONED ABOVE WITH THE REQUEST TO R ECALL THE ORDERS PASSED BY THE TRIBUNAL IN THEIR RESPECTIVE HANDS IN ORDER TO ADJUDICATE THE GROUNDS RAISED ON MERIT. 2. FROM THE ORDERS OF THE TRIBUNAL, WE NOTICE TH AT THE TRIBUNAL HAS ADJUDICATED ONLY THE LEGAL ISSUE RAISED BY THESE IS SUES, VIZ., ABOUT THE RETROSPECTIVE APPLICATION OF SEC. 10(26AAB) OF THE ACT TO THE YEARS UNDER CONSIDERATION. SINCE THE SAID LEGAL ISSUE WAS DECID ED BY THE TRIBUNAL IN FAVOUR OF THE ASSESSEE, ADJUDICATION OF OTHER GROUNDS RAIS ED ON MERITS BY THESE ASSESSEES WAS NOT FOUND TO BE NECESSARY. ACCORDING LY OTHER GROUNDS WERE NOT ADJUDICATED BY THE TRIBUNAL. HOWEVER, IN THE A PPEALS FILED BY THE REVENUE, THE HONBLE ANDHRA PRADESH HIGH COURT HAS REVERSED THE ORDER PASSED BY THE TRIBUNAL ON THE LEGAL ISSUE CITED ABO VE. ACCORDINGLY, THESE ASSESSEES HAVE LOST THE RELIEF GRANTED BY THE TRIBU NAL. HENCE, THE ASSESSEES MP NOS.75&76/VIZAG/2012 AGRICULTURAL MARKET COMMITTEE, VSKP 2 HAVE MOVED THESE MISCELLANEOUS PETITIONS WITH A REQ UEST TO RECALL THE ORDERS PASSED BY THE TRIBUNAL IN THEIR RESPECTIVE HANDS IN ORDER TO ADJUDICATE THE ISSUES RAISED ON MERITS. 3. WE HAVE HEARD THE PARTIES IN THIS REGARD AND WE FIND MERIT IN THE PRAYER OF THE ASSESSEES. ACCORDINGLY, WE DIRECT THE REGIS TRY TO FIX ALL THESE APPEALS FOR ADJUDICATION OF ALL THE ISSUES RAISED ON MERITS . 4. THE MISCELLANEOUS APPLICATIONS ARE ALLOWED A CCORDINGLY. PRONOUNCED IN THE OPEN COURT ON 28 TH MAR14 SD/- SD/- (J. SUDHAKAR REDDY) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 28 TH MARCH, 2014 COPY TO 1 AGRICULTURAL MARKET COMMITTEE, D.NO.49-554-19, VI DYUT NAGAR, NEAR PORT STADIUM, VISAKHAPATNAM 2 ITO WARD-4(1), VISAKHAPATNAM 3 THE CIT, VISAKHAPATNAM 4 THE CIT(A), VISAKHAPATNAM. 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM