V.Rama Rao, Hyd, Hyderabad V. ITO, Ward-9(1), Hyderabad

MA 90/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9010 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 20-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: RAVI SESHAGIRI RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 90/HYD/12 (IN ITA NO. 1504/HYD/2011 ASSESSMENT YEAR: 2005-06) SHRI V. RAMA RAO, APPLICANT HYDERABAD. (PAN ABVPV0876F) VS. INCOME-TAX OFFICER-WARD 9(1), RESPONDENT HYDERABAD APPLICANT BY : SHRI RAVI SESHAGIRI RAO RESPONDENT BY : SHRI M.H. NAIK DATE OF HEARING : 24/08/2012 DATE OF PRONOUNCEMENT : 28/09/ 2012 ORDER PER ASHA VIJAYARAGHAVAN, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT A BENCH, HYDERABAD BENCH ES, HYDERABAD, IN APPEAL ITA NO. 1504/HYD/2011, DATED 06/01/2012. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE TRIBUNAL COMMITTED ERROR IN DISMISSING THE APPEAL O F THE ASSESSEE, THOUGH, THE FINDINGS IN PARA NUMBERED AS 10 OF THE 2 M.A. NO. 90/HYD/12 (IN ITA NO. 1504/HYD/2011) SRI V. RAMA RAO. ORDER WAS DECIDED IN FAVOUR OF THE ASSESSEE. HE FUR THER SUBMITTED THAT IN PARA NUMBERED AS 13 OF THE ORDER, THE TRIBUNAL RECORDED THE FINDINGS INADVERTENTLY, WHICH ARE IRRE LEVANT, THEREFORE, THE SAME MAY BE DELETED. IN VIEW OF THE ABOVE SUBMISSIONS, THE LEARNED COUNSEL FOR THE ASSESSEE P LEADED THAT THE ORDER OF THE TRIBUNAL MAY BE MODIFIED ACCORDING LY. 3. THE LEARNED DR, ON THE OTHER HAND, DID NOT CONTR OVERT THE SUBMISSIONS MADE BY THE LEARNED COUNSEL FOR THE ASS ESSEE. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE RECORD. ADMITTEDLY PARAS IN THE ORDER WRONGLY NUMBE RED AND ALSO PARA NUMBERED AS 13, WHICH WAS INADVERTENTLY RECORD ED, EXTRACTED BELOW: 13. WE HEARD BOTH THE PARTIES. AS RIGHTLY OBSERVED BY THE COORDINATE BENCH IN ITA NO. 235/HYD/2009, CREDIT IN RESPECT OF 3 PERSONS, NAMELY SHRI K. VENKATESWARLU (RS. 2 LAKHS), SMT. K. KOTTAMMA (RS. 1 LAKH) AND SMT. G. MANGAMMA (RS. 2 LAKHS) ARE TO BE SUSTAINED SINCE TH EY HAVE NOT APPEARED BEFORE THE LOWER AUTHORITIES TO EXPLAI N THE SOURCE OF CREDIT. THEIR IDENTITY NOT PROVED AND THE GENUINENESS OF TRANSACTIONS ARE ALSO DOUBTFUL. 5. THEREFORE, PARA NUMBERED AS 13 IN THE ORDER IS H EREBY DELETED. 6. AT PARA 12 OF THE ORDER, THE TRIBUNAL HELD THAT I N THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED , WHICH IS INCORRECT AND, THEREFORE, PARA 12 MAY BE READ AS IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. 3 M.A. NO. 90/HYD/12 (IN ITA NO. 1504/HYD/2011) SRI V. RAMA RAO. 7. FURTHER, AFTER DELETION OF THE PARA 13 IN THE OR IGINAL ORDER, PARA NUMBERED AS 12 IN THE ORDER MAY BE READ AS PA RA 11. 8. IN THE RESULT, THE M.A. FILED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 28/09/2012 SD/- SD/- (CHANDRA POOJARI) (ASHA VIJAYARAGHAV AN) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED:28 TH SEPTEMBER, 2012. KV COPY TO:- 1) SHRI V. RAMA RAO, C/O SHRI S. RAMA RAO, ADVOCATE, FLAT NO. 102, SHRIYAS RESIDENCY, ROAD NO. 9, HIMAYAT NAGAR, HYDERABAD. 2) ITO, WARD 9(1), HYDERABAD. 3) THE CIT (A)-VI, HYDERABAD 4) THE CIT, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD.