M/s. Khader Spinners Limited, Dindigul V. DCIT, Madurai

CO 70/CHNY/2004

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 5076 (ITAT-CHENNAI)
• Duration Of Justice: 6 year(s) 4 month(s) 18 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 10-08-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 10-08-2010
• Assessment Year: 1993-1994
• Appeal Filed On: 22-03-2004
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS
• Assessee Lawyers: LAKSHMINARAYANAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AN D SHRI GEORGE MATHAN, JUDICIAL MEMBER .. C.O. NO. 70/MDS/2004 (IN ITA NO. 54/MDS/1997) ASSESSMENT YEAR : 1993-94 M/S. KHADER SPINNERS LTD., M.M. KOVILUR POST, DINDIGUL. V. THE DEPUTY COMMISSIONER OF INCOME-TAX, SPECIAL RANGE-II, MADURAI. (PAN/GIR NO. 49-003-CV-0194 ) (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR BY : SHRI LAKSHMINARAYANAN RESPONDENT BY : SHRI B. SRINIVAS O R D E R PER BENCH: THE CROSS OBJECTION BY THE ASSESSEE IS AGAINST THE APPEAL OF THE DEPARTMENT IN I.T.A. NO. 54/MDS/1997 WHICH WAS AGAI NST THE ORDER OF THE LEARNED CIT(A) ALLOWING THE ADDITION OF ` . 73,66,709/- CLAIMED AS REPLACEMENT OF MACHINERY. AS PER THE RECORDS OF THE TRIBUNAL, THE APPEAL OF THE DEPARTMENT HAS BEEN DISPOSED OF ON 13-07-2004 WHEREBY THE ORDER OF THE CIT(A) HAS BEEN UPHELD. THE PRESENT CROSS OBJECTION IS MERELY IN S UPPORT OF THE ORDER OF THE CIT(A). NO OTHER ISSUE IS RAISED BY THE ASSESSEE. THEREFORE, IN VIEW OF THE FACT C.O. NO 70/MDS/2004 2 THAT THE APPEAL OF THE DEPARTMENT HAS BEEN DISMISSE D, THE CROSS OBJECTION IS RENDERED INFRUCTUOUS AND HENCE REJECTED. 2. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESS EE IS DISMISSED AS INFRUCTUOUS. 3. THE ORDER WAS PRONOUNCED IN THE COURT ON 10 TH AUGUST, 2010. SD/- SD/- (ABRAHAM P. GEORGE) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 10 TH AUGUST, 2010. H. COPY TO: CROSS OBJECTOR/AO/CIT (A)/CIT/D.R./GUARD F ILE