DCIT, Trichy V. M/s. N.P.K.R.Ramasamy Cooperative Sugar Mills Limited, Nagapattinam

ITA 1546/CHNY/1998

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 51654 (ITAT-CHENNAI)
• Duration Of Justice: 12 year(s) 11 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 04-08-2011
• Assessment Year: 1993-1994
• Appeal Filed On: 22-08-1998
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIRUDH RAI
• Assessee Lawyers: S SRIDHAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH D CHENNAI (BEFORE SHRI U.B.S. BEDI , JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER) .. I.T.A. NO. 1546/MDS/98 ASSESSMENT YEAR : 1993-94 THE DEPUTY COMMISSIONER OF INCOME TAX, SPECIAL RANGE, TIRUCHIRAPALLI. (APPELLANT) V. M/S N.P.K.R. RAMASAMY CO- OPERATIVE SUGAR MILLS LIMITED, THALAIGNAYIRU, ILANTHOPPUR POST,, NAGAI DISTRICT. (RESPONDENT) APPELLANT BY : SHRI ANIRUDH RAI, CIT-DR RESPONDENT BY : SHRI S. S RIDHAR, ADVOCATE O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : THIS IS A RECALLED MATTER. THIS TRIBUNAL HAD RECA LLED THE APPEAL FOR THE LIMITED ISSUE OF DISPOSING OF GROUND NO.4 R AISED BY THE REVENUE. THE RECALL WAS DONE THROUGH ORDER OF THIS TRIBUNAL DATED 13.11.2009 WHERE IT WAS HELD THAT GROUND NO.4 RAISE D BY THE REVENUE RELATING TO ADDITIONAL REALIZATION FROM SUG AR SALES AND EXCISE DUTY WAS NOT ADJUDICATED. GROUND NO.4 OF THE REVEN UE IS REPRODUCED HEREUNDER:- I.T.A. NO. 1546/MDS/98 2 4. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HAS FAILED TO NOTE THAT REFERENCE APPLICATION HAS BEEN FILED BEFORE THE HONOURABLE MADRAS HIGH COURT AGAINST THE ORDER OF THE ITAT, A BENCH IN I.T.A. NO. 3196 & 3197 FOR THE A SSESSMENT YEARS 1988-89 AND 1989-90 IN THE ASSESSEES CASE. 2. ADDITIONAL REALIZATION FROM SUGAR SALES AND EXCI SE DUTY REBATE OF ` 2,72,92,775/-, WHICH WAS ADDED BY THE A.O., WAS DE LETED BY THE CIT(APPEALS) RELYING ON THE DECISION OF THIS TRIBUN AL IN I.T.A. NOS. 3196 & 3197/MDS/92 IN RESPECT OF THE SAME ASSESSEE. THE GRIEVANCE OF THE REVENUE IS THAT THE ABOVE MENTIONE D DECISIONS WERE TAKEN UP BY IT IN FURTHER APPEAL BEFORE HON'BLE JUR ISDICTIONAL HIGH COURT. 3. WHEN THE MATTER CAME UP BEFORE US, LEARNED D.R. FAIRLY ADMITTED THAT THE APPEAL FILED BY THE REVENUE AGAIN ST ORDER OF THIS TRIBUNAL IN I.T.A. NOS. 3196 & 3197/MDS/92, WAS DIS MISSED BY THEIR LORDSHIPS VIDE ORDER DATED 15 TH OCTOBER, 2001. A COPY OF THE ORDER WAS FILED BEFORE US. IN VIEW OF THE FACT THAT THE APPEAL OF THE REVENUE AGAINST ORDER OF THIS TRIBUNAL IN I.T.A. NO S. 3196 & 3197/MDS/92, WHICH WAS RELIED ON BY THE CIT(APPEALS ) FOR GIVING RELIEF TO THE ASSESSEE, HAS BEEN DISMISSED BY THE H ON'BLE I.T.A. NO. 1546/MDS/98 3 JURISDICTIONAL HIGH COURT, WE ARE OF THE OPINION TH AT REVENUES GROUND IN THIS REGARD HAS TO FAIL. WE ALSO FIND THAT HON' BLE APEX COURT IN THE CASE OF CIT V. PONNI SUGARS AND CHEMICALS LTD. (306 ITR 392) (SC) HAS TAKEN THE SAME VIEW ON THE MATTER. 4. THUS GROUND NO.4 IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE TO THE EXTENT IT HAS BEEN RECALLED STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON THE FOURTH DAY OF AUGUST, 2011. SD/- SD/- (U.B.S. BEDI) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 4 TH AUGUST, 2011. KRI. COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT(A)-VI, CHENNAI (4) CIT, TRICHY (5) D.R. (6) GUARD FILE