SAGAR ENTERTAINMENT P. LTD, MUMBAI V. ACIT 11(1), MUMBAI

CO 79/MUM/2011

• Counselvise Citation: [2012] 122 COUNSELVISE.COM (IT) 8134 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Next Hearing Date: 12-11-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 20-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARUN SATHE
• Keywords: Reopening of assessment
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH J BENCH BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND SHRI RAJENDRA (ACCOUNTANT MEMBER) ITA NOS.3260 TO 3263/MUM/2010 ASSESSMENT YEARS: 2002-03 TO 2005-06 ACIT 11(1), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. M/S. SAGAR ENTERTAINMENT LTD., SAGAR VILLA ROLAD NO.12A, JVPD SCHEME, MUMBAI-12 PA NO.AAECS 6429 F (APPELLANT) VS. (RESPONDENT) C.O. NOS.79 TO 82/MUM/2011 (ARISING OUT OF ITA NOS.3260 TO 3263/MUM/2010) ASSESSMENT YEARS: 2002-03 TO 2005-06 M/S. SAGAR ENTERTAINMENT LTD., SAGAR VILLA ROLAD NO.12A, JVPD SCHEME, MUMBAI-12 PA NO.AAECS 6429 F ACIT 11(1), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. (APPELLANT) VS. (RESPONDENT) ASSESSEE BY : SHRI ARUN SATHE RESPONDENT BY: SHRI RAKESH RANJAN DATE OF HEARING: 4 .12.2012 DATE OF PRONOUNCEMENT: 28 .12.2012 ORDER PER BENCH: THE DEPARTMENT HAS FILED THESE APPEALS FOR ASSESSM ENT YEARS 2002-03 TO 2005- 06 AGAINST COMMON ORDER DATED 23.2.2010 OF LD CI T(A) -3, MUMBAI. 2. THE COMMON GROUND TAKEN BY DEPARTMENT IN ALL THE SE APPEALS RELATES TO DELETION OF FINANCE CHARGES. ITA NOS.3260 TO 3263/MUM/2010 C.O. NOS.79 TO 82/MUM/2011 ASSESSMENT YEARS: 2002-03 TO 2005-06 2 3. THE ASSESSEE HAS ALSO FILED CROSS OBJECTION IN A LL THESE APPEALS DISPUTING THE REOPENING OF ASSESSMENT UNDER SECTION 147 OF THE AC T. 4. WE OBSERVE THAT CROSS OBJECTION HAS BEEN TAKEN B Y THE ASSESSEE FOR THE FIRST TIME BEFORE THE TRIBUNAL AND AS SUCH, THIS ISSUE DO ES NOT ARISE OUT OF ORDER OF LD CIT(A). SINCE, CROSS OBJECTION TAKEN BY ASSESSEE GOES TO TH E ROOT OF THE OF THE VALIDITY OF THE ASSESSMENT ORDER, WE CONSIDER IT PRUDENT TO RESTORE THIS ISSUE TO THE FILE OF LD CIT(A) WITH A DIRECTION TO DECIDE THE SAME BY WAY OF A SPE AKING OF ORDER AFTER GIVING DUE OPPORTUNITY OF HEARING TO THE PARTIES. THEREFORE, CROSS OBJECTION TAKEN BY THE ASSESSEE IS ALLOWED IN RESPECT OF ALL ASSESSMENT YEARS UNDER CONSIDERATION VIZ A.YS. 2002-03 TO 2005-06. 5. SINCE WE HAVE RESTORED THE MATTER OF TO THE FILE OF LD CIT(A) TO DECIDE THE VALIDITY OF INITIATION OF REASSESSMENT ORDER, WE DO NOT CONS IDER IT PRUDENT TO ADJUDICATE THE GROUND OF APPEAL TAKEN BY DEPARTMENT DISPUTING THE DELETION OF ADDITION MADE BY THE AO. 6. IN THE RESULT, CROSS OBJECTION FILED BY ASSESSEE AND APPEALS FILED BY DEPARTMENT FOR ALL THESE ASSESSMENT YEARS VIZ AYS 2002-03 TO 2 005-06 ARE ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 28 TH DECEMBER, 2012 SD/- (RAJENDRA) ACCOUNTANT MEMBER SD/- (B.R. MITTAL) JUDICIAL MEMBER MUMBAI, DATED 28 TH DECEMBER, 2012 PARIDA ITA NOS.3260 TO 3263/MUM/2010 C.O. NOS.79 TO 82/MUM/2011 ASSESSMENT YEARS: 2002-03 TO 2005-06 3 0COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),3, MUMBAI 4. COMMISSIONER OF INCOME TAX, 11 , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH J MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI