M/S COROMANDEL CABLE P LTD, CHENNAI V. ACIT CORPORATE CIRCLE 1 (2), CHENNAI

ITA 1762/CHNY/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9217 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 23-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HOMI RAJVANSH
• Assessee Lawyers: S SRIDHAR
• Keywords: Principle of natural justice

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & S HRI S.JAYARAMAN , ACCOUNTANT MEMBER ./ I.T.A.NOS.1762 TO 1766/CHNY/2018 / ASSESSMENT YEARS : 2007-08, 2008-09, 2009-10, 2010-11 ,2011-12 M/S.COROMANDEL CABLES PVT. LTD ., A7,6 TH CROSS STREET, INDIRA NAGAR, ADYAR,CHENNAI 600 020. VS. DCIT, CORPORATE CIRCLE I(2), CHENNAI. [PAN AAACC 7190 E ] ( / APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.S.SRIDHAR,ADVOCATE !' /RESPONDENT BY : MR.HOMI RAJ VANSH,CIT,DR # $ %& / DATE OF HEARING : 18 - 12 - 201 8 '( %& / DATE OF PRONOUNCEMENT : 18 - 12 - 201 8 !' / O R D E R PER BENCH: ITA NOS.1762 TO 1763 /CHNY/2018 ARE THE APPEALS F ILED BY THE ASSESSEE AGAINST THE COMMON ORDER OF THE COMMISSION ER OF INCOME TAX (APPEALS)-1, CHENNAI, IN ITA NOS.18 TO 19/CIT(A )-1/2017-18 DATED 24.04.2018 FOR ASSESSMENT YEARS 2007-08 TO 2009-10, ITA NOS.1764 ITA NOS.1762 TO 1766/CHNY/18 :- 2 -: TO 1766 /CHNY/2018 ARE THE APPEALS FILED BY THE ASS ESSEE AGAINST THE COMMON ORDER OF THE COMMISSIONER OF INCOME TAX (APP EALS)-1, CHENNAI, IN ITA NOS.20,17,16/CIT(A)-1/2017-18 DATED 24.04.2018 FOR ASSESSMENT YEARS 2009-10, 2010-11, 2011-12. 2. AS ALL THE APPEALS ARE RELATED TO THE SAME ASSESSE E AND INTER-CONNECTED, ALL APPEALS ARE DISPOSED OFF BY TH IS COMMON ORDER. 3. SHRI S.SRIDHAR REPRESENTED ON BEHALF OF THE ASS ESSEE AND SHRI HOMI RAJ VANSH REPRESENTED ON BEHALF OF THE REVENUE. 4. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED BY LD.A.R THAT THE ASSESSEE WISHES TO WITHDRAW ITS APPEALS IN ITA NOS.1762 & 1763/CHNY/2018 FOR ASSESSMENT YEARS 2007-08 & 2008-09. 5. LD. D R HAS NO OBJECTION TO THE WITHDRAWAL OF THESE TWO APPEALS FILED BY THE ASSESSEE . AFTER HEARING BOTH PARTIES , THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN . 6. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE FOR ASSESSMENT YEARS 2007-08 & 2008-09 ARE DISMISSED AS WITHDRAWN. ITA NOS.1762 TO 1766/CHNY/18 :- 3 -: ITA NOS.1764,1765 & 1766/CHNY/2018 (A.YS:2009-10,2010-11 & 2011-12) 7. THE LD.A.R DREW OUR ATTENTION TO THE ORDER OF T HE LD. ASSESSING OFFICER WHEREIN THE LD. ASSESSING OFFICER HAD POSTE D THE CASE FOR HEARING ON 24.08.2017 AND BEFORE THE ASSESSEE COULD PROVIDE AL L THE DETAILS, THE LD. ASSESSING OFFICER HAD PASSED THE ORDER GIVING EFFEC T TO THE ORDER OF THE ITAT ON 07.09.2017. IT WAS A SUBMISSION THAT AS THE DET AILS TO BE PROVIDED WAS VOLUMINOUS, IT HAD TAKEN SOME TIME FOR ASSESSEE TO COLLECT ALL THE DETAILS. IT WAS A PRAYER THAT THE ASSESSEE MAY BE GIVEN ANOTHER OPPORTUNITY TO PRODUCE ALL THE DETAILS BEFORE THE LD. ASSESSING OFFICER. 8. IN REPLY, THE LD.D.R VEHEMENTLY OPPOSED THE PRA YER OF THE LD. ASSESSING OFFICER. 9. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS IT IS NOTICE THAT ONLY ONE OPPORTUNITY IS GRANTED TO ASSESSEE TO PROD UCE THE DETAILS BEFORE THE LD. ASSESSING OFFICER, IN THE INTEREST O F NATURAL JUSTICE THE ORDER OF THE LD. ASSESSING OFFICER DATED 07.09.2017 GIVING EFFECT TO THE ORDER OF TRIBUNAL DATED 12.05.2017 FOR ASSESSMENT Y EARS 2009-10, 2010-11 & 2011-12 IS SET ASIDE AND THE ISSUES IN TH ESE APPEALS ARE RESTORED TO THE FILE OF LD. ASSESSING OFFICER FOR RE-ADJUDIC ATION AFTER GRANTING ADEQUATE OPPORTUNITY OF HEARING TO THE ASSESSEE TO SUBSTANTI ATE ITS CASE. IF THE ASSESSEE DOES NOT CO-OPERATE IN THE PROCEEDINGS BEF ORE THE LD. ASSESSING ITA NOS.1762 TO 1766/CHNY/18 :- 4 -: OFFICER, THE LD. ASSESSING OFFICER IS AT LIBERTY T O DRAW INFERENCE ON THE FACTS AS ARE AVAILABLE ON RECORD IN ACCORDANCE WITH LAW. 10. IN THE RESULT, ALL THE THREE APPEALS OF THE ASSESSE E FOR ASSESSMENT YEARS 2009-10, 2010-11 & 2011-12 ARE PARTLY ALLOWED FOR STATISTICAL PURPOSES. 11. TO SUMMARIZE THE RESULT, THE APPEALS OF THE AS SESSEE FOR ASSESSMENT YEARS 2007-08 & 2008-09 ARE DISMISSED AS WITHDRAWN AND THE APPEALS OF THE ASSESSEE FOR ASSESSMENT YEARS 2009-10, 2010-11 & 2011-12 ARE PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 18 TH DECEMBER, 2018, AT CHENNAI. SD/ - SD/ - ( ) (S. JAYARAMAN) # !$ /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) % !$ / JUDICIAL MEMBER ) $ / CHENNAI * / DATED: 18 TH DECEMBER, 2018. . K S SUNDARAM + !%,- . -% / COPY TO: 1 . / APPELLANT 3. # /% () / CIT(A) 5. -23 !%4 / DR 2. !' / RESPONDENT 4. # /% / CIT 6. 35 6$ / GF