M/s Andhra Pradesh Fibres Ltd, Salur., Salur v. The ACIT, Circle-3(1), Visakhapatnam

ITA 376/VIZ/2009 | 1991-1992
Pronouncement Date: 29-10-2010 | Result: Dismissed

Appeal Details

RSA Number 37625314 RSA 2009
Assessee PAN AACCA4036F
Bench Visakhapatnam
Appeal Number ITA 376/VIZ/2009
Duration Of Justice 1 year(s) 3 month(s) 26 day(s)
Appellant M/s Andhra Pradesh Fibres Ltd, Salur., Salur
Respondent The ACIT, Circle-3(1), Visakhapatnam
Appeal Type Income Tax Appeal
Pronouncement Date 29-10-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 29-10-2010
Date Of Final Hearing 25-10-2010
Next Hearing Date 25-10-2010
Assessment Year 1991-1992
Appeal Filed On 03-07-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER AND SHRI BR BASKARAN ACCOUNTANT MEMBER ITA NO . 376 /VIZAG/ 20 09 ASSESSMENT YEAR : 1991 - 92 ANDHRA PRADESH FIB RES LTD. SALUR ACIT CIRCLE - 3(1) VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO. AACCA 4036F APPELLANT BY: SHRI U.L.N. SUDHAKAR ADVOCATE RESPONDENT BY: SHRI D.S. SUNDER SINGH DR ORDER PER SHRI S.K. YADAV JUDICIAL MEMBER : - THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) ON VARIOUS GROUNDS WHICH ARE AS UNDER: 1) THE ORDER DATED 30.4.2009 PASSED BY THE LD. CIT(A) VISAKHAPATNAM IS AGAINST THE ASSESSEE IN SO FAR AS IT IS CONTRARY TO THE FACTS AND CIRCUMSTANCES OF THE C ASE. 2) THE LD. CIT(A) ERRED IN HOLDING THAT THE LEVY OF INTEREST U/S 220(2) IS JUSTIFIED EVEN WITHOUT A NOTICE U/S 156 OF THE I.T. ACT. 3) THE LD. CIT(A) ERRED IN NOT NOTICING THE FACT THAT THE DEMAND WAS PAID WITHIN THE STIPULATED PERIOD UNDER THE ACT I.E. THE DEMAND WAS PAID IMMEDIATELY ON PASSING OF THE CONSEQUENTIAL ORDER BY THE ASSESSING OFFICER (WITHIN 30 DAYS OF THE SAID ORDER). 4) THE ACTION OF THE LD. CIT(A) IS UNJUSTIFIED AS THE SAME IS NOT IN CONSONANCE WITH THE PROVISIONS OF THE ACT. 5) THE LD. CIT(A ) OUGHT TO HAVE APPRECIATED THE CORRECT LEGAL POSITION AS LAID DOWN BY THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF SMS SCHLOEMANN SEIMAG AG VS. DCIT REPORTED IN 250 ITR 97 (AP - FB) 6) THE ASSESSEE CRAVES LEAVE TO ADD AMEND OR DELETE ANY OF THE ABOVE GROUNDS AT THE TIME OF HEARING OF THE APPEAL. 7) IN VIEW OF THE ABOVE GROUNDS AND SUCH OTHER GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING THE ASSESSEE PRAYS FOR THE DELETION OF THE INTEREST CHARGED AND ACCORD JUSTICE. 2 2. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS MOVED AN APPLICATION FOR THE WITHDRAWAL OF THE APPEAL. THE REVENUE HAS NO OBJECTION TO THE ABOVE REQUEST OF THE ASSESSEES. WE THEREFORE ALLOWED THE ASSESSEE TO WITHDRAW ITS APPEAL. ACCORDINGLY THE APPEAL OF THE ASS ESSEE IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 29.10 . 20 10 SD/ - SD/ - (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM DATED 29 TH OCTOBER 20 10 COPY TO 1 ANDHRA PRADESH FIBRES LTD. JEEGIRAM VILLAGE SALUR - 535591 VIZIANAGARAM DISTRICT. 2 ACIT CIRCLE - 3(1) VISAKHAPATNAM 3 THE CI T VISAKHAPATNAM 4 THE CIT (A) VISAKHAPATNAM 5 TH E DR ITAT VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM