DCIT, Kollam V. M/s Kerala Nut food Co., Kollam

ITA 175/COCH/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58282 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2012
• Appeal Filed By: Department
• Bench Allotted: DB
• Next Hearing Date: 03-02-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 11-03-2010
• Court: TRIBUNAL
• Keywords: Difference of opinion

Judgement Text

ITA NOS. 174 & 175/COCH/2010 (FOR AYS 2002-03 & 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.BASKARA N, AM I.T.A. NOS.174 & 175 /COCH/2010 ASSESSMENT YEARS:2002-03 & 2003-04 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLLAM. VS. KERALA NUT FOOD CO., PARAMESWAR NAGAR, KOLLAM - 691 001 [PAN:AADFK 5087C] (REVENUE-APPELLANT) (ASSESSEE-RESPONDENT) REVENUE BY SMT. VIJAYAPRABHA, JR. DR ASSESSEE BY NONE DT. OF HG. 10/2/20 12 DT. OF PRONOUNCEMENT: 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 NOS. 174 & 175/COCH/2010 (FOR AYS 2002-03 & 2003-04) 2 3. IN THE RESULT, THE REVENUES APPEALS ARE TREATED 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. M/S. KERALA NUT FOOD CO., PARAMESWAR NAGAR, KOLL AM - 691 001 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLLAM. 3. THE COMMISSIONER OF INCOME-TAX (APPEALS)-I, TRIV ANDRUM. 4. THE COMMISSIONER OF INCOME-TAX, TRIVANDRUM. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE . BY ORD ER (ASSISTANT REGISTRAR) ITAT , COCHIN