Duncans Industries Ltd., Kolkata V. ACIT, CIR-1, KOLKATA, Kolkata

CO 27/KOL/2016

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 3371 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 20 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 31-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE

Judgement Text

IN THE INCOME TAX APPELLATE TR IBUNAL KOLKATA D BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SRI S.S. VISWANETHRA RAVI, HONBLE JUDICIA L MEMBER] I.T.A. NO. 705/KOL/2016 ASSESSMENT YEAR: 2006-07 I.T.A. NO. 706/KOL/2016 ASSESSMENT YEAR: 2007-08 C.O. NO. 26/KOL/2016 A/O I.T.A. NO. 705/KOL/2016 ASSESSMENT YEAR: 2006-07 C.O. NO. 27/KOL/2016 A/O I.T.A. NO. 706/KOL/2016 ASSESSMENT YEAR: 2007-08 ACIT (TDS), CIRCLE-1, KOLKATA... ...APPELLANT 10B, MIDDLETON ROAD KOLKATA 700 071 M/S. DUNCANS INDUSTRIES LTD.. ......RESPONDENT 31, NETAJI SUBASH ROAD KOLKATA 700 001 [PAN : CALDO 2914 C] APPEARANCES BY: SHRI SUBHASH AGARWAL, ADVOCATE, APPEARED ON BEHALF O F THE ASSESSEE. SHRI ARINDAM BHATTACHARJEE, ADDL. CIT, DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : DECEMBER 18 TH , 2017 DATE OF PRONOUNCING THE ORDER : DECEMBER 21 ST , 2017 O R D E R PER BENCH:- BOTH THESE APPEALS ARE FILED BY THE REVENUE AND THE CROSS OBJECTIONS ARE FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE L D. COMMISSIONER OF INCOME TAX (APPEALS)-24, KOLKATA (HEREINAFTER THE LD. CIT (A) ), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 29/01/2016, FOR THE ASSE SSMENT YEARS 2006-07 & 2007-08. 2. AS THE ISSUES ARISING IN BOTH THESE APPEALS ARE COMMON, THEY ARE HEARD TOGETHER AND DISPOSED OFF BY WAY OF THIS COMMON ORD ER. 2 I.T.A. NO. 705/KOL/2016 ASSESSMENT YEAR: 2006-07 I.T.A. NO. 706/KOL/2016 ASSESSMENT YEAR: 2007-08 M/S. DUNCANS INDUSTRIES LTD 3. CONSEQUENT TO A SURVEY OPERATION CONDUCTED ON TH E ASSESSEE, AN ORDER U/S 201(1)/201(1A) OF THE ACT, WAS PASSED BY THE ASSESS ING OFFICER FOR THE ASSESSMENT YEAR 2005-06 AND 2006-07, SEPARATELY ON 31/07/2007. AGAIN ANOTHER ORDER UNDER THE VERY SAME SECTIONS FOR THE VERY SAME ASSESSMENT YEA RS WAS PASSED ON 31/03/2011. NO REASONS WERE GIVEN AS TO WHY THE SECOND ORDER IS BEING PASSED UNDER THE SAME SECTIONS FOR THE VERY SAME ASSESSMENT YEARS, ON THE VERY SAME ISSUES. 4. BE IT AS IT MAY, THE LD. CIT(A) AT PARA 7.2. DEC LARED THAT BOTH THE ORDER ARE BARRED BY LIMITATION. HE ALSO DECIDED THE CASE ON M ERITS IN FAVOUR OF THE ASSESSEE. IN ITS GROUNDS OF APPEAL, THE REVENUE HAS NOT RAISED A GROUND AGAINST THE FINDING OF THE LD. CIT(A), THAT THE ORDER OF THE ASSESSING OFFICER IS BARRED BY LIMITATION. 5. UNDER THESE CIRCUMSTANCES, WE HAVE NO OTHER ALTE RNATIVE BUT TO DISMISS THESE APPEALS BY THE REVENUE AS MIS-DIRECTED FOR THE REAS ON THAT THE FINDING OF THE LD. CIT(A) ON LIMITATION HAS NOT BEEN CHALLENGED BEFORE US BY THE REVENUE AND UNDER THESE CIRCUMSTANCES ADJUDICATION ON MERITS WOULD OF NO US E. 5.1. THE CROSS-OBJECTIONS ARE ALSO DISMISSED AS THE SE ARE SUPPORTING THE ORDER OF THE LD. CIT(A) ON MERITS ONLY. 6. IN THE RESULT, BOTH THESE APPEALS BY THE REVENUE AND BOTH THE CROSS-OBJECTIONS BY THE ASSESSEE ARE DISMISSED. KOLKATA, THE 21 ST DAY OF DECEMBER, 2017. SD/- SD/- [ S.S. VISWANETHRA RAVI ] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED :21.12.2017 {SC SPS} 3 I.T.A. NO. 705/KOL/2016 ASSESSMENT YEAR: 2006-07 I.T.A. NO. 706/KOL/2016 ASSESSMENT YEAR: 2007-08 M/S. DUNCANS INDUSTRIES LTD COPY OF THE ORDER FORWARDED TO: 1. ACIT (TDS), CIRCLE-1, KOLKATA 10B, MIDDLETON ROAD KOLKATA 700 071 2. M/S. DUNCANS INDUSTRIES LTD 31, NETAJI SUBASH ROAD KOLKATA 700 001 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES