Dy. CIT, Circle-2(1), Vijayawada v. M/s. Sri Sai Lakshmi Constructions & Co
[Citation -2016-LL-0926-63]

Citation 2016-LL-0926-63
Appellant Name Dy. CIT, Circle-2(1), Vijayawada
Respondent Name M/s. Sri Sai Lakshmi Constructions & Co.
Court ITAT-Visakhapatnam
Relevant Act Income-tax
Date of Order 26/09/2016
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags revisionary order
Bot Summary: When this appeal is taken up for hearing, the Ld. Counsel for the assessee has submitted that the basis for the consequential order passed by the A.O. u/s 143(3) r.w.s. 263 of the Income Tax Act, 1961 is quashed by the ITAT in ITA No.175/Vizag/2014 dated 5.12.2014. We find that the Ld. CIT(A) has observed that the order under appeal was passed in pursuant to the directions of the CIT(A), Vijayawada vide order u/s 263 of the Act, the said revisionary order which was the basis for the order under appeal was quashed by the ITAT vide order dated 15.12.2014 and the assessment order passed consequential u/s 143(3) r.w.s. 263 of the Act has no legal sanctity to exist and annulled the order passed u/s 143(3) r.w.s. 263 of the Act and decided in favour of the assessee. In the result, the appeal filed by the revenue is dismissed. The above order was pronounced in the open court on 26th Sept 16.


ITA No.263/Vizag/2015 M/s. Sri Sai Lakshmi Constructions & Co., Vijayawada IN INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER I.T.A.No.263/Vizag/2015 (Assessment Year: 2009-10) Dy. CIT, Circle-2(1), M/s. Sri Sai Lakshmi Vijayawada Constructions & Co., Vs. Vijayawada PAN: AAOFS7183E] ( Appellant) ( Respondent) Appellant by : Shri G. Gurusamy, DR Respondent by : Shri G.V.N. Hari, AR Date of hearing : 21.09.2016 Date of Pronouncement : 26.09.2016 O R D E R PER V. DURGA RAO, Judicial Member: This appeal filed by revenue is directed against order of CIT(A), Vijayawada dated 15.4.2015 for assessment year 2009-10. 1 ITA No.263/Vizag/2015 M/s. Sri Sai Lakshmi Constructions & Co., Vijayawada 2. When this appeal is taken up for hearing, Ld. Counsel for assessee has submitted that basis for consequential order passed by A.O. u/s 143(3) r.w.s. 263 of Income Tax Act, 1961 (hereinafter called as 'the Act') is quashed by ITAT in ITA No.175/Vizag/2014 dated 5.12.2014. Therefore, all subsequent proceedings are invalid. We find that Ld. CIT(A) has observed that order under appeal was passed in pursuant to directions of CIT(A), Vijayawada vide order u/s 263 of Act, said revisionary order which was basis for order under appeal was quashed by ITAT vide order dated 15.12.2014 and assessment order passed consequential u/s 143(3) r.w.s. 263 of Act has no legal sanctity to exist and annulled order passed u/s 143(3) r.w.s. 263 of Act and decided in favour of assessee. We find no infirmity in order of CIT(A). Thus, this ground of appeal is dismissed. 3. In result, appeal filed by revenue is dismissed. above order was pronounced in open court on 26th Sept 16. Sd/- Sd/- (G. MANJUNATHA) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER Visakhapatnam: Dated : 26th Sept 16 VG/SPS 2 ITA No.263/Vizag/2015 M/s. Sri Sai Lakshmi Constructions & Co., Vijayawada Copy of order forwarded to:- 1. Appellant DCIT, Vijayawada 2. Respondent M/s. Sri Sai Lakshmi Constructions & Co., D.No.59-7- 11/2, Sri Sai Nilayam, Acharya Ranga Street, Ramachandra Nagar, Vijayawada- 520 010. 3. CIT, Vijayawada 4. CIT(A), Vijayawada 5. DR, ITAT, Visakhapatnam 6. Guard file BY ORDER // True Copy // (Sr.Private Secretary) ITAT, VISAKHAPATNAM 3 Dy. CIT, Circle-2(1), Vijayawada v. M/s. Sri Sai Lakshmi Constructions & Co
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