M/s Fossil Logistics Pvt. Ltd., CHENNAI V. DCIT, CHENNAI

ITA 1534/CHNY/2007

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 61002 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 24-04-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 30-05-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: STANLEY
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE SHRI N.S.SAINI, ACCOUNT ANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER ITA NO.1534/MDS/2007 (ASSESSMENT YEAR : 2003-04) FOSSIL LOGISTICS PVT.LTD., N.C.RAJAGOPAL & CO., CAS 5, MOORES ROAD, CHENNAI-600 006. PAN:AAACF5512H VS. THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-II(1) CHENNAI-600 034. (APPELLANT) (RESPONDENT) APPELLANT BY : MR. STANLEY, ADVOCATE RESPONDENT BY : MR. SHA JI P.JACOB, ADDL. CIT DATE OF HEARING : 24 TH APRIL, 2012 DATE OF PRONOUNCEMENT : 24 TH APRIL, 2012 O R D E R PER VIKAS AWASTHY, JUDICIAL MEMBER: THE PRESENT APPEAL IS REMITTED BACK BY THE HONBLE MADRAS HIGH COURT VIDE ORDER DATED 15.06.2011. TH E HONBLE HIGH COURT HAS DIRECTED THE TRIBUNAL TO ENT ERTAIN THE ADDITIONAL EVIDENCES PRODUCED BY THE ASSESSEE IN SU PPORT OF ITS CLAIM AND PASS ORDER ON MERITS, AFTER GIVING NO TICE TO THE PARTIES. 2. THE ASSESSEE HAS FILED A PAPER BOOK BEFORE THE TRIBUNAL. THE AUTHORIZED REPRESENTATIVE OF THE ASSE SSEE SUBMITTED THAT ONLY PAGES 1 TO 6 OF THE PAPER BOOK ARE ITA NO.1534/MDS /2007 2 RELEVANT TO BE CONSIDERED AS ADDITIONAL EVIDENCE. T HE DESCRIPTION OF THE DOCUMENTS (SIX) FILED AS ADDITIO NAL EVIDENCE ARE AS FOLLOWS:- (A) SUPERVISION CHARGES PAID TO COASTAL ENERGY PVT. LTD. LEDGER ACCOUNT COPY. (B) DEBIT NOTE RAISED BY COASTAL ENERGY PVT. LTD. (C) AGREEMENT BETWEEN FOSSIL LOGISTICS PVT. LTD. WI TH COASTAL ENERGY PVT. LTD., (D) FORM 16A ISSUED TO COASTAL ENERGY PVT. LTD. (E) COPY OF AFFIDAVIT FILED BEFORE THE MEMBER (F) DETAILS AND LEDGER ACCOUNT COPY OF STEVEDORING CHARGES. 3. WE REMAND THE MATTER BACK TO THE ASSESSING OFFIC ER WITH A DIRECTION THAT THE ASSESSING OFFICER AFTER T AKING INTO CONSIDERATION THE ADDITIONAL EVIDENCES AS MENTIONED ABOVE, PASS ORDER AFRESH AFTER AFFORDING REASONABLE OPPOR TUNITY OF HEARING TO THE ASSESSEE. 4. THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATIS TICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON TUESDAY, THE 24 TH OF APRIL, 2012 AT CHENNAI. SD/- SD/- ( N.S. SAINI ) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 24 TH APRIL, 2012. SOMU ITA NO.1534/MDS /2007 3 COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT (4) CIT(A) (5) D.R. (6) G.F .