Income Tax Officer, Ward-1, Suryapet V. Bhagwati Sales Corporation, Bhongiri

MA 9/Hyd/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6994 (ITAT-HYDERABAD)
• Duration Of Justice: 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-04-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 16-03-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection
• Section: 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH SMC, HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.A. NO. 09/HYD/2021 (IN ITA NO.1625/HYD/2019 ) ASSESSMENT YEAR:2013 - 14 INCOME TAX OFFICER, WARD - 1, SURYAPET 508 213. VS. M/S. BHAGWATI SALES CORPORATION, BHONGIRI 508 116. PAN: AAFFB 4269 F (APPELLANT) (RESPONDENT) ASSESSEE BY: SMT. SANDHYA REVENUE BY: SRI SUNIL KUMAR PANDEY, DR DATE OF HEARING: 09/04/2021 DATE OF PRONOUNCEMENT: 09/04/2021 ORDER THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE SEEKING RECALL OF THE TRIBUNALS ORDER DATED 23/09/2020. 2. AT THE OUTSET, THE LD. D R SUBMITTED THAT THE APPEAL OF THE REVENUE DOES NOT FALL UNDER THE MONETARY LIMITED FIXED BY THE CBDT VIDE ITS CIRCULAR NO. 03/ 2018, DATED 11/07/2018 BECAUSE THE APPEAL WAS FILED PURSUANT TO AUDIT OBJECTION AND PURSUANT TO THE ORDER PASSED BY THE PRINCIPAL CIT U/S. 263 OF THE ACT DATED 29/01/2018 . HENCE, IT WAS PLEADED THAT THE ORDER OF THE TRIBUNAL DATED 23/09/2020 DISMISSING THE APPEAL OF THE REVENUE IN LIEU OF THE CIRCULAR OF THE CBDT CITED SUPRA MAY BE 2 RECALLED. THE LD. AR ON THE OTHER HAND COULD NOT CONTROVERT TO THE SUBMISSION OF THE LD. DR. 3. I HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY PERUSED THE MATERIALS ON RECORD. ON THE EARLIER OCCASION THE REVENUE DID NOT BR ING TO THE NOTICE OF THE BENCH THAT THE APPEAL WAS FILED BY THE REVENUE PURSUANT TO THE AUDIT OBJECTION . THEREFORE, BASED ON MONETARY LIMIT, THE APPEAL OF THE REVENUE WAS DISMISSED. HOWEVER, SINCE NOW IT IS CLEAR THAT THE APPEAL OF THE REVENUE WAS FILED PURSUANT TO AUDIT OBJECTION, THE APPEAL OF THE REVENUE SURVIVES . ACCORDINGLY, I HEREBY RE CALL THE ORDER OF THE TRIBUNAL DATED 23/09/2020 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING ON 07 TH JUNE, 2021 AND INTIMATE BOTH THE PARTIES. 4. IN THE RESULT, MA FILED BY THE REVENUE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 09 TH APRIL , 202 1 . SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 09 TH APRIL , 202 1 . OKK COPY TO: - 1) M/S. BHAGWATI SALES CORPORATION, D.NO.1 - 7 - 77, R.E. NAGAR, BHONGIRI 508 116. 2) THE INCOME TAX OFFICER, WARD - 1, KRISHNANAGAR COLONY, OPP. HI TECH BUS STAND, SURYAPET 508 213. 3) THE CIT(A) - 3, HYDERABAD 3 4) THE PR. CIT - 3, HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE