ITO, Ward-1(2), Visakhapatnam V. S. Suryanarayana & Co, Visakhapatnam

MA 82/VIZ/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6354 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-03-2018
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 30-11-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: V SRINIVASA RAO SR

Judgement Text

1 M.A.NO.82/VIZ/2017 (M/S. S. SURYANARAYANA & CO.) IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER M.A.NO. 82 /VIZ/2017 ( I . T .A.NO. 3 69 & 370 /VIZ / 201 7 ) ( ASSESSMENT YEAR : 20 12 - 13 ) ITO, WARD - 1(2), VISAKHAPATNAM. VS. M/S. S. SURYANARAYANA & CO., D.NO. 11 - 8 - 25, PLOT NO.21, DASPALLA HILLS, VISAKHAPATNAM. [ PAN: AAQFS 7133 L ] ( APPLICANT ) ( RESPONDENT ) ASSESSEE BY : SHRI G.V.N. HARI ADVOCATE . DEPARTMENT BY : SHRI V. SRINIVASA RAO SR. AR DATE OF HEARING : 16 / 0 3 /201 8 DATE OF P RONOUNCEMENT : 28 / 03 /201 8 O R D E R PER V. DURGA RAO , JUDICIAL MEMBER : BY THIS MISC. APPLICATION, REVENUE SEEKS RECTIFICATION OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO. 3 69 & 370 /VIZ/2017 , DATED 2 1 / 0 9 /201 7 . 2. LD. DEPARTMENTAL REPRESENTATIVE HAS SUBMITTED THAT IN THE TITLE OF THE ORDER , ITA NO. 370/VIZ/2017 HAS ALSO BEEN CLUBBED WITH ITA NO. 369/VIZ/2017 AND ALSO A TYPOGRAPHICAL MISTAKE IN THE ASSESSMENT YEAR. IT IS FURTHER SUBMITTED THAT THERE WAS AN ERROR IN TYPING AT GROUND NO.5 IN THE GROUNDS OF APPEAL, WHEREIN IT HAS BEEN MENTIONED THAT PARA 8(B) OF BOARDS CIRCULAR NO.21/2015, WHICH 2 M.A.NO.82/VIZ/2017 (M/S. S. SURYANARAYANA & CO.) SHOU LD BE WRITTEN AS PARA 8(C) OF BOARDS CIRCULAR NO.21/2015 . THEREFORE, PRAYED FOR RECALLING OF THE ORDER OF THE TRIBUNAL DATED 21/09/2017. 3 . LD. COUNSEL FOR THE ASSESSEE HAS AGREED TO THE SUBMISSION WITH REGARD TO THE CAUSE - TITLE , BUT OPPOSED FOR RECALLING OF THE ORDER . 4 . WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND GONE THROUGH THE ORDER OF THIS TRIBUNAL DATED 21/09/2017 AND FOUND THAT THERE IS A MISTAKE CREPT IN THE CAUSE TITLE AT THE COLUMN OF ASSESSMENT YEAR , WHICH WE RECTIFY AS UNDER: - I.T.A.NO. 369/VIZ/2017 (ASSESSMENT YEAR : 2006 - 07 ) 5 . WITH REGARD TO THE MISTAKE IN THE APPELLATE ORDER, REVENUE HAS FILED THIS MISC. APPLICATION STATING THAT THERE WAS AN A UDIT OBJECTION IN THI S CASE AND THE ADDITION WAS MADE CONSEQUENT TO A UDIT OBJECTION RAISED BY THE RAP, THUS , ACCORDING TO THE REVENUE, THE APPEAL IS MAINTAINABLE THOUGH THE SAME IS BELOW THE MONETARY LIMIT. IT WAS FURTHER SUBMITTED THAT THE RE WAS A MISTAKE IN GROUND NO.5, WHE REIN IT WAS TYPED AS EXCEPTION 8(C) INSTEAD OF 8(B) , HENCE, GROUND NO.5 SHOULD BE READ AS EXCEPTION 8(B) INSTEAD OF 8(C) OF THE BOARDS CIRCULAR NO. 21/2015 DATED 10/12/2015 . 3 M.A.NO.82/VIZ/2017 (M/S. S. SURYANARAYANA & CO.) 6 . WE HAVE GONE THROUGH THE ORDER OF TH IS TRIBUNAL AND ALSO GONE THROUGH THE GROU ND NO.5 OF THE GROUNDS OF APPEAL. THERE WAS NO MENTION WITH REGARD TO A UDIT OBJECTION IN THE APPROVAL OF THE LD. PR.CIT OR THE ORDERS OF THE LOWER AUTHORITIES. HENCE, W E DO NOT FIND ANY ERROR OR EXCEPTION OF 8(B) OR 8(C) OF THE SAID CIRCULAR . THEREFORE, W E HOLD THAT THERE IS NO MISTAKE APPARENT ON RECORD, WHICH REQUIRES INTERFERENCE. 7 . IN THE RESULT, MISC. APPLICATION FILED BY THE REVENUE IS PARTLY ALLOWED. O RDER PRONOUNCED IN THE OPEN COURT ON 28 TH MARCH , 201 8 S D/ - SD/ - ( D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 28 / 0 3 /201 8 VR /SPS COPY OF THE ORDER FORWARDED TO : - 1. THE APPELLANT M/S. S. SURYANARAYANA & CO., D.NO. 11 - 8 - 25, PLO T NO.21, DASPALLA HILLS, VISAKHAPATNAM. . 2. THE RESPONDENT ITO , WARD - 1 ( 2 ), VISAKHAPATNAM . 3. THE PR. CIT - 1 , VISAKHAPATNAM. 4. THE CIT(A) - 1 , VISAKHAPATNAM. 5 . DR, ITAT, VISAKHAPATNAM 6 . GUARD FILE BY ORDER // TRUE COPY // SR.PRIVATE SECRETARY ITAT, VISAKHAPATNAM