M/s. Elgi Tyre & Tread Ltd., CHENNAI V. DCIT, Coimbatore

ITA 1070/CHNY/1996

• Counselvise Citation: 107021714 RSA 1996
• Duration Of Justice: 16 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-07-2012
• Assessment Year: 1991-1992
• Appeal Filed On: 24-05-1996
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: YOGESH KAMETH JCIT SR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER I.T.A. NO. 1070 & 1071/MDS/1996 ASST. YEAR : 1991-92 & 1992-93 M/S. ELGI RUBBER COMPANY LTD., (FORMERLY) M/S. ELGI TYRE & TREAD LTD. , NO.2000, TIRUCHI ROAD, SINGANALLUR, KOVAI 641 005. PAN : CX-2236/SR.1/CBE (APPELLANT) V. THE DEPUTY COMMISSIONER OF INCOME TAX, SPECIAL RANGE I, COIMBATORE 641 018. (RESPONDENT) APPELLANT BY : SHRI PHILIP GEORGE RESPONDENT BY : SHRI YOGESH KAMETH , JCIT, SR.AR DATE OF HEARING : 04 JULY 2012 DATE OF PRONOUNCEMENT : 13 TH JULY 2012 O R D E R PER S.S. GODARA, JUDICIAL MEMBER : THESE TWO APPEALS OF THE ASSESSEE ARE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS), COIMBATORE, BOTH HAVING COMMON CASE NO.1416(16)/95-96 DATED 19.3.1996 IN PROCEEDINGS UNDER SEC.263 OF TH E I.T. ACT 1961. THE RELEVANT ASSESSMENT YEARS ARE 1991-92 AND 1992-93 R ESPECTIVELY. 2. DURING THE COURSE OF HEARING, THE AR BEFORE US HAS SUBMITTED THAT ITA NO.1070/MDS/1996 HAS BECOME INFRUCTUOUS IN VIEW OF THE ORDER DATED 25.6.2004 PASSED BY THE COORDINATE BENCH. THEREFOR E, THE SAME DOES NOT REQUIRE ANY FURTHER ADJUDICATION. THE D.R., HAS NO T DISPUTED THE FACTUAL POSITION. I.T.A. NO. 1070 & 1071/MDS/96 2 3. IN VIEW OF THE ABOVE SUBMISSION OF THE AR THE A PPEAL IS DISMISSED AS NOT PRESSED. ITA NO.1071/MDS/1996. 4. IN THIS CASE, THE A.R. HAS STATED THAT THE HON BLE JURISDICTIONAL HIGH COURT HAS PASSED REMAND ORDER RESTORING THE APPEAL BEFORE ITAT ON ISSUE OF MISCELLANEOUS RECEIPTS PERTAINING TO CLAIM OF DEDUC TION UNDER SEC.80HHC. HE ALSO SUBMITTED THAT THE REMAND ORDER (SUPRA) IS ALR EADY ON RECORD. 5. WE HAVE CONSIDERED THE SUBMISSIONS MADE ON BEHA LF OF THE ASSESSEE. THE HONBLE JURISDICTIONAL HIGH COURT IN TAX CASE APPEAL NO.21/2005, WHILE RESTORING THE ISSUE OF SEC.80HHC(SUPRA) VIDE ORDER DATED 12.4.2011, HAS DIRECTED THE TRIBUNAL AS UNDER :- IN THE RESULT, WE ANSWER PARTLY IN FAVOUR OF THE ASSESSEE IN RESPECT OF THE RE-TREADING CHARGES AND IN RESPECT O F THE OTHER MISCELLANEOUS RECEIPTS, THE MATTER IS REMANDED BACK TO THE TRIBUNAL TO CONSIDER THE MATTER AND PASS ORDERS IN ACCORDANCE WITH LAW. THE TAX CASE (APPEAL) STANDS DISPOSED OF ACCO RDINGLY. NO COSTS. 6. WHEN THE CASE WAS TAKEN FOR HEARING, THE LD. A. R., FILED AN APPLICATION FOR WITHDRAWING THE APPEAL WHOSE CONTEN TS READ AS FOLLOWS :- PETITION FOR WITHDRAWAL THE ABOVE APPEAL IS POSTED FOR HEARING BEFORE THIS HONBLE TRIBUNAL TODAY. WITH REGARD TO THE ABOVE APPEAL, DUE TO THE LONG PA SSAGE OF TWENTY YEARS, THE ASSESSEE IS NOT ABLE TO GATHER AL L THE NECESSARY I.T.A. NO. 1070 & 1071/MDS/96 3 DETAILS AND PARTICULARS WITH REGARD TO THE ISSUES R EMANDED BY THE HONBLE HIGH COURT, MADRAS, AS NOTED HEREUNDER: 1. OCTROI COLLECTED RS. 16,838/- 2. MISCELLANEOUS INCOME RS. 1,66,312/- 3. INSTALLATION AND COMMISSION RECEIPTS RS. 9,44,445/- 4. SERVICE CHARGES RS. 3,71,803/- 5. CASH DISCOUNT RS. 8,59,559/- 6. PACKING CHARGES COLLECTED RS. 5,36,775/- 7. FREIGHT CHARGES COLLECTED RS.12,30,787/- 8. INSURANCE COLLECTED RS. 57,711/- 9. PROFIT ON EXCHANGE FLUCTUATION RS. 2,86 9/- 10. INSURANCE CLAIM RECEIVED RS. 1,21,7 08/- TOTAL RS.43,08,787/- I HAVE THEREFORE BEEN INSTRUCTED TO STATE THAT DUE TO THIS SITUATION, THE ASSESSEE DOES NOT PRESS FOR RELIEF IN RESPECT OF TH E ABOVE MENTIONED ITEMS. DATED AT CHENNAI THIS THE 4 TH DAY OF JULY, 2012. SD/- PHILIP GEORGE COUNSEL FOR APPELLANT 7. THE D.R., HAS NOT OBJECTED TO THE APPLICATION F OR WITHDRAWAL OF APPEAL BY THE ASSESSEE. HENCE WE DISMISS THE APPEAL OF THE A SSESSEE AS WITHDRAWN. 8. IN THE RESULT, BOTH THE APPEALS ARE DISMISSED. I.T.A. NO. 1070 & 1071/MDS/96 4 9. ORDER PRONOUNCED ON FRIDAY, THE 13 TH OF JULY 2012 AT CHENNAI. SD/- SD/- ( N.S. SAINI) ( S.S. GODARA ) ACCOUNTAT MEMBER JUDICIAL MEMBER CHENNAI, DATED : 13 TH JULY 2012 JLS. COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT(A)-II, COIMBATORE (4) CIT-III, COIMBATORE (5) D.R. (6) GUARD FILE