The Executive Engineer, Panchayat Raj Division v. ITO(TDS), Ward-3(4), Guntur
[Citation -2016-LL-1005-39]

Citation 2016-LL-1005-39
Appellant Name The Executive Engineer, Panchayat Raj Division
Respondent Name ITO(TDS), Ward-3(4), Guntur
Court ITAT-Visakhapatnam
Relevant Act Income-tax
Date of Order 05/10/2016
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags mistake apparent on record • tax effect
Bot Summary: It is submitted by the Ld. 1 ITA No.6/Vizag/2016 The Executive Engineer, Panchayat Raj Division, Guduru Counsel for the assessee that the tax effect involved in this appeal is above 10 lakhs. The Tribunal has dismissed the appeal of the assessee by observing that tax effect involved is below 10 lakhs. We have heard both the parties, perused the materials available on record and gone through the orders of the authorities below. In this case, tax effect is above 10 lakhs Tribunal gave a finding that tax effect is below 10 lakhs. We find that there is a mistake apparent on record as recorded by the Tribunal in the order dated 6.1.2016. We find it is a fit case to recall the order, accordingly, we recall the order and post this appeal for hearing on 18.10.2016. The above order was pronounced in the open court on 5th Oct 16.


ITA No.6/Vizag/2016 Executive Engineer, Panchayat Raj Division, Guduru IN INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER M.P. No.6/Vizag/2016 (Arising out of I.T.A.No.201/Vizag/2013) (Assessment Year: 2011-12) Executive Engineer, ITO(TDS), Ward-3(4), Panchayat Raj Division, Guntur Vs. Guduru [TAN: HYDEO0827B] ( Appellant) ( Respondent) Appellant by : Shri G. Sudhakar Rao, AR Respondent by : Shri S. Ravi Sankar Narayan, DR Date of hearing : 30.09.2016 Date of Pronouncement : 05.10.2016 O R D E R PER V. DURGA RAO, Judicial Member: This miscellaneous petition has been filed by assessee praying for recall of order dated 6.1.2016 on ground that Tribunal while passing order committed mistake. It is submitted by Ld. 1 ITA No.6/Vizag/2016 Executive Engineer, Panchayat Raj Division, Guduru Counsel for assessee that tax effect involved in this appeal is above ` 10 lakhs. However, Tribunal has dismissed appeal of assessee by observing that tax effect involved is below ` 10 lakhs., therefore, requested that order may be recalled. 2. On other hand, Ld. D.R. has not raised any objection. 3. We have heard both parties, perused materials available on record and gone through orders of authorities below. In this case, tax effect is above ` 10 lakhs, however, Tribunal gave finding that tax effect is below ` 10 lakhs. We find that there is mistake apparent on record as recorded by Tribunal in order dated 6.1.2016. We find it is fit case to recall order, accordingly, we recall order and post this appeal for hearing on 18.10.2016. Date of hearing is announced in open court and no separate notice is required to be issued to parties. Accordingly, miscellaneous petition filed by assessee is allowed. above order was pronounced in open court on 5th Oct 16. Sd/- Sd/- (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER JUDICIAL MEMBER Visakhapatnam: Dated : 05.10.2016 VG/SPS 2 ITA No.6/Vizag/2016 Executive Engineer, Panchayat Raj Division, Guduru ( Copy of order forwarded to:- 1. Appellant Executive Engineer, Panchayat Raj Division, Guduru. 2. Respondent ITO(TDS), Ward-3(4), Guntur 3. CIT, Vijayawada 4. CIT(A),Vijayawada 5. DR, ITAT, Visakhapatnam 6. Guard file BY ORDER // True Copy // 0 (Sr.Private Secretary) ITAT, VISAKHAPATNAM 3 Executive Engineer, Panchayat Raj Division v. ITO(TDS), Ward-3(4), Guntur
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