M.Vydeswaran, CHENNAI V. ACIT, Trichy

ITA 1142/CHNY/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 9076 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 14-06-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 14-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANURAG SAHAY
• Assessee Lawyers: S SRIDHAR
• Keywords: Opportunity of being heard

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI , . ! '# BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEMBER ./ I.T.A.NO.1142/MDS./2015 / ASSESSMENT YEAR : 2010-11 MR.M.VYDESWARAN , 3D,RAMS MARIS APARTMENTS, NO.1,LAWSONS ROAD, CANTONMENT,TRICHY 620 001. VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), TIRUCHIRAPALLI-1. [PAN AAEPV 3858 R ] ( $% / APPELLANT) ( &'$% /RESPONDENT) / APPELLANT BY : MR.S.SRIDHAR,ADVOCATE /RESPONDENT BY : MR.ANURAG SAHAY, CIT DR / DATE OF HEARING : 14 - 06 - 201 6 !' / DATE OF PRONOUNCEMENT : 17 - 06 - 2016 ( / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME-TAX, TRICHY PASSED U/S.263 O F THE ACT DATED 27.03.2015 PERTAINING TO ASSESSMENT YEAR 2010-11. 2. IN THIS CASE, THE ORIGINAL ASSESSMENT WAS COMP LETED U/S.143(3) OF THE ACT ON 31.12.2012 WHEREIN THE AO MADE ADDITI ON OF ` 8.23 LAKHS TOWARDS INTEREST PAID BY THE ASSESSEE WHICH ARE NOT RELATING TO THE BUSINESS. THE LD. CIT ISSUED NOTICE U/S.263 OF THE ACT ON16.05.2013. ACCORDING TO THE COMMISSIONER OF INCOME TAX, THE AO HAD NOT CARRIED ITA NO.1142/MDS./2015 :- 2 -: ON REQUISITE ENQUIRY BEFORE THE COMPLETION OF THE A SSESSMENT, AS SUCH THE ASSESSMENT ORDER IS ERRONEOUS AND PREJUDICIAL T O THE INTEREST OF REVENUE. ACCORDINGLY, LD.CIT SET ASIDE THE ASSESSM ENT ORDER WITH A DIRECTION TO REDO THE SAME AFTER AFFORDING SUFFICIE NT OPPORTUNITY OF BEING HEARD. AGGRIEVED, THE ASSESSEE IS IN APPEAL B EFORE US. 3. AT THE TIME OF HEARING, LD.A.R FILED A LETTER D ATED 14.06.2016 STATING THAT ASSESSEE IN THIS CASE HAS NOT INTEREST ED IN PROSECUTING THIS APPEAL AND HAS SOUGHT PERMISSION FROM THE BENCH TO WITHDRAW THE APPEAL. CONSIDERING THE PLEA OF ASSESSEES COUNSEL , WE ARE INCLINED TO PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL. ACCORD INGLY, THIS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH JUNE, 2016, AT CHENNAI. SD/ - SD/ - ( . ) ( G.PAVAN KUMAR ) ! / JUDICIAL MEMBER ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER #$ / CHENNAI %& / DATED: 17 TH JUNE, 2016 K S SUNDARAM &'(()*( +* / COPY TO: ( 1 . / APPELLANT 3. ( ,(- . / CIT(A) 5. */0 (1 / DR 2. / RESPONDENT 4. ( , / CIT 6. 02(3 / GF