THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR I.T.T.A. NO.441 OF 2011 DATED:12.12.2011 Between: Commissioner of Income Tax-I Visakhapatnam … Appellant And Visakhapatnam Urban Development Authority Udyog Bhavan, Siripuram Junction Visakhapatnam … Respondent THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR I.T.T.A. NO.441 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) The Revenue is aggrieved by an order dt.29.8.2008 passed by the Income Tax Appellate Tribunal, Visakhapatnam Bench, in I.T.A. Nos.218-220/Vizag/2008, relevant for the assessment years 2004-05 to 2006-07. 2. The return on behalf of the Visakhapatnam Urban Development Authority was signed by the Chief Accounts Officer of the authority. The return was accepted by the assessing officer. The Administrative Commissioner of Income Tax, in exercise of his powers conferred by Section 263 of the Income Tax Act, 1961 (for short, ‘the Act’) came to the conclusion that since the Chief Accounts Officer of the authority was not its Principal Officer, the acceptance of the return and the consequent assessment order passed by the assessing officer was prejudicial to the interest of the Revenue. 3. There is nothing on the record to suggest how the assessment order was prejudicial to the interest of the Revenue. 4. Notwithstanding this, the Tribunal considered the meaning of the expression ‘Principal Officer’ appearing under Section 2(35) of the Act and on a consideration thereof, it came to the conclusion that insofar as the Visakhapatnam Urban Development Authority is concerned, the Chief Accounts Officer would be its Principal Officer and was therefore entitled to file the return on behalf of the authority. 5. In our opinion, no substantial question of law arises for consideration. 6. Dismissed. __________________ MADAN B. LOKUR, CJ _______________ SANJAY KUMAR, J 12-12-2011 bnr