Sri B.Parameswaran Bharathan, Kollam V. DCIT, Kollam

ITA 159/COCH/2007

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58283 (ITAT-COCHIN)
• Duration Of Justice: 4 year(s) 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2012
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 03-02-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 26-02-2007
• Court: TRIBUNAL
• Keywords: Difference of opinion

Judgement Text

ITA NO. 159/COCH/2007 (FOR A.Y. 2003-04) 1 IN THE INCOME TAX APPELLAT E TRIBUNAL COCHIN BEN CH, COCHIN BEFORE S/SHRI N.R.S. GANESAN, JM AND B.R. BASKA RAN, AM I.T.A. NO.159 /COCH/2007 ASSESSMENT YEAR:2003-04 B.PARAMESWARAN BHARATHAN, QUILON EXPORT ENTERPRISES, PARAMESWAR NAGAR, KOLLAM [PAN: AEKPP 5935K] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLLAM. (ASSESSEE -APPELLANT) (REVENUE -RESPONDENT) ASSESSEE BY NONE REVENUE BY .SMT. VIJAYAPRABHA, JR. DR DT. OF HG. : 1 0/2/2012 DT. OF PRONOUN CEMENT: 17/2/2012 O R D E R PER B.R. BASKARAN, AM: SINCE THERE WAS A DIFFERENCE OF OPINION BETWEEN TH E LD. MEMBERS CONSTITUTING THE DIVISION BENCH OF ITAT, COCHIN IN THIS CASE, THE M ATTER WAS REFERRED TO THE LD. THIRD MEMBER U/S. 255(4) OF INCOME-TAX ACT, 1961 FOR HIS OPINION IN REGARD TO ONE QUESTION REFERRED TO THEREIN. 2. THE LD. THIRD MEMBER VIDE HIS ORDER DATED 6 TH JANUARY, 2012, AFTER HEARING THE PARTIES, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND FOR THE REASONS MENTIONED THEREIN, CONCURRED WITH THE PROPOSED ORDER OF LD. J M ON THE QUESTION REFERRED TO HIM. IN VIEW OF THE ABOVE, AS PER MAJORITY VIEW, THE APPEAL OF THE ASSESSEE ON THE ISSUE REFERRED TO THE LD. THIRD MEMBER STANDS ALLOWED. THERE WER E OTHER GROUNDS IN THIS APPEAL, ON WHICH THERE WAS NO DIFFERENCE OF OPINION AND, THERE FORE, DECISION ON THOSE GROUNDS IN THE PROPOSED ORDERS OF LD. MEMBERS REMAINS THE SAME. ITA NO. 159/COCH/2007 (FOR A.Y. 2003-04) 2 3. IN THE RESULT, THE ASSESSEES APPEAL IS T REATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED ACCORDINGLY ON 17-02-2012. SD/- SD/- (N.R.S. GANESAN) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: ERNAKULAM DATED: 17TH FEBRUARY, 2012 GJ COPY TO: 1. B.PARAMESWARAN BHARATHAN, QUILON EXPORT ENTERPRI SES, PARAMESWAR NAGAR, KOLLAM 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLLAM. 3. THE COMMISSIONER OF INCOME-TAX (APPEALS)-III, TR IVANDRUM. 4. THE COMMISSIONER OF INCOME-TAX, TRIVANDRUM. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE . BY ORDER (ASSISTANT REGISTRAR) ITAT, COCHIN