Best Cast IT Limited, CHENNAI V. DCIT, CHENNAI

CO 60/CHNY/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 3077 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-06-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 24-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , , ' # BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER C.O. NO.60/MDS/2017 (IN ITA NO.810/MDS/2017) $ %$ / ASSESSMENT YEAR : 2004-05 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(2), CHENNAI - 600 034. V. M/S BEST CAST IT LIMITED, NO.58(SP), SF NO.184 & 185 (PART), SECTOR II, 3 RD CROSS ROAD, AMBATTUR INDUSTRIAL ESTATE (SOUTH), AMBATTUR, CHENNAI - 600 058. PAN : AAACB 1423 H ( CROSS-OBJECTOR) ('()*/ RESPONDENT) CROSS-OBJECTOR BY : NONE RESPONDENT BY : SHRI V. SREENIVASAN, JCIT , - .' / DATE OF HEARING : 29.06.2017 /0% - .' / DATE OF PRONOUNCEMENT : 29.06.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE ASSESSEE HAS FILED THE PRESENT CROSS-OBJECTIO N IN THE APPEAL FILED BY THE REVENUE IN I.T.A. NO.810/MDS/20 17. IN FACT, THE REVENUE FILED THE APPEAL IN I.T.A. NO.810/MDS/2017 AGAINST THE ORDER OF THE CIT(APPEALS) 1, CHENNAI, DATED 30.01 .2017, DELETING 2 C.O. NO.60/MDS/17 THE PENALTY LEVIED UNDER SECTION 271B OF THE INCOME -TAX ACT, 1961 (IN SHORT 'THE ACT'). 2. THE APPEAL OF THE REVENUE AGAINST THE ORDER OF T HE CIT(APPEALS) WAS HEARD AND DISPOSED OF BY ORDER DAT ED 09.06.2017 BY THIS TRIBUNAL. IN FACT, THE ORDER OF THE CIT(AP PEALS) WAS CONFIRMED BY THIS TRIBUNAL. EVEN THOUGH THE ASSESS EE FILED THE CROSS-OBJECTION TO SUPPORT THE ORDER OF THE CIT(APP EALS), THE SAME WAS NOT PUT UP BEFORE THE BENCH WHEN THE APPEAL WAS HEARD BY THIS TRIBUNAL ON 31.05.2017. THEREFORE, THE CROSS-OBJEC TION WAS NOT DISPOSED OF AT THE TIME OF DISPOSAL OF THE APPEAL F ILED BY THE REVENUE. HENCE THE C.O. IS POSTED TODAY FOR FINAL DISPOSAL. 3. SINCE THE C.O. IS ONLY TO SUPPORT THE ORDER OF T HE CIT(APPEALS) WHEREIN THE PENALTY LEVIED BY THE ASSE SSING OFFICER UNDER SECTION 271B OF THE ACT IS DELETED, THIS TRIB UNAL IS OF THE CONSIDERED OPINION THAT THE C.O. BECOMES INFRUCTUOU S AND ACCORDINGLY, THE SAME IS DISMISSED. 4. IN THE RESULT, THE C.O. FILED BY THE ASSESSEE IS DISMISSED. 3 C.O. NO.60/MDS/17 ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH JULY, 2017 AT CHENNAI. SD/- SD/- ( ) ( . . . ) (S. JAYARAMAN) (N.R.S. GANESAN) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 2 /DATED, THE 29 TH JULY, 2017. KRI. - '.34 54%. /COPY TO: 1. CROSS-OBJECTOR 2. '()* /RESPONDENT 3. , 6. () /CIT(A) 4. PRINCIPAL CIT- 5. 47 '. /DR 6. 8$ 9 /GF.