Sri K.Ponniah, Trichy V. ITO, Trichy

CO 3/CHNY/2001

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 5234 (ITAT-CHENNAI)
• Duration Of Justice: 9 year(s) 8 month(s) 19 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 26-10-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 26-10-2010
• Assessment Year: 1990-1991
• Appeal Filed On: 06-02-2001
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K E B RENGARAJAN JUNIOR
• Keywords: Tax effect
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI (BEFORE SHRI K.K. GUPTA, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER) ..... C.O. NO. 3/MDS/2001 (IN I.T.A. NO. 1191(MDS)/1995) ASSESSMENT YEAR : 1990-91 SHRI K. PONNIAH, SOPHYS INDUSTRIES, MADURAI ROAD, TRICHIRAPALLI. (CROSS OBJECTOR) V. THE INCOME TAX OFFICER, CITY WARD II(3) TRICHIRAPALLI. (RESPONDENT) CROSS OBJECTOR BY: SHRI PHILIP GEORGE RESPONDENT BY: SHRI K.E. B. RENGARAJAN, JUNIOR STANDING COUNSEL O R D E R PER K.K. GUPTA, ACCOUNTANT MEMBER : THIS CROSS OBJECTION ARISES IN I.T.A. NO. 1191(M DS)/1995 ADJUDICATED UPON BY THE TRIBUNAL VIDE ITS ORDER DAT ED 6 TH JUNE, 2003 IN THE REVENUES APPEAL WHICH WAS DISMISSED DUE TO TAX EFFECT BEING LESS THAN THE EXPECTED AS NOTIFIED BY THE CBDT IN T HEIR CIRCULAR F.NO.279/126/98-ITJ DATED 27 TH MARCH, 2000. 2. THE CROSS OBJECTION BY THE ASSESSEE RELATES TO L EVY OF INTEREST UNDER SECTION 234A AND 234B OF THE INCOME-TAX ACT, 1961. C.O. NO. 3/MDS/01 2 3. AFTER HAVING HEARD THE RIVAL SUBMISSIONS, WE ARE OF THE CONSIDERED VIEW THAT THE CROSS OBJECTION FILED BY T HE ASSESSEE ON THE CITED APPEAL BY THE REVENUE STANDS INFRUCTUOUS AND NON- MAINTAINABLE AND IS BOUND TO BE DISMISSED. 4. IN THE RESULT, THE CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSIO N OF HEARING ON THE TWENTY SIXTH DAY OF OCTOBER, 2010. SD/- SD/- (GEORGE MATHAN) (K.K. GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 26 TH OCTOBER, 2010. KRI. COPY FORWARDED TO: (1) CROSS OBJECTOR (2) RESPONDENT (3) CIT(A) (4) CIT (5) D.R. (6) GUARD FILE