M/s.Apollo Tyres Ltd, Ernakulam V. DCIT, Cochin

ITA 197/COCH/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77467 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 06-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LATHA V KUMAR
• Assessee Lawyers: SATHYANARAYANAN
• Section: 263

Judgement Text

1 ITA NO. 197/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) I.T.A NO. 197/COCH/2014 (ASSESSMENT YEAR 2005-06) M/S APOLLO TYRES VS THE DY.CIT, CIR.1(1) 6 TH FLOOR, CHERUPUSHPAM BLDG KOCHI SHANMUGHAM ROAD, KOCHI-682 031 PAN : AAACA6990Q (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SATHYANARAYANAN RESPONDENT BY : SMT. LATHA V KUMAR, JR.DR DATE OF HEARING : 26-06-2014 DATE OF PRONOUNCEMENT : 04-07-2014 O R D E R PER N.R.S. GANESAN (JM) THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE CIT(A)-II, KOCHI DATED 23-02-2014 FOR THE ASSESSMEN T YEAR 2005-06. 2. SHRI SATHYANARAYANAN, THE LD.REPRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT THE ASSESSING OFFICER PASSED THE ORD ER IN PURSUANCE TO THE REVISIONAL ORDER PASSED BY THE ADMINISTRATIVE COMMI SSIONER DATED 15-03- 2010. THE ASSESSEE CHALLENGED THE REVISIONAL ORDER OF THE ADMINISTRATIVE COMMISSIONER BEFORE THIS TRIBUNAL IN ITA NO.316/COC H/2010. THIS 2 ITA NO. 197/COCH/2014 TRIBUNAL BY AN ORDER DATED 08-02-2013 MODIFIED THE ORDER OF THE ADMINISTRATIVE COMMISSIONER DIRECTING THE ASSESSING OFFICER TO ADJUDICATE THE ISSUE IN ACCORDANCE WITH LAW WITHOUT BEING UNTR AMMELED BY THE VIEW EXPRESSED BY THE ADMINISTRATIVE COMMISSIONER IN THE REVISIONAL ORDER. HOWEVER, BEFORE THE ORDER OF THE TRIBUNAL THE ASSES SING OFFICER PASSED THE IMPUGNED ORDER IN THE LIGHT OF OBSERVATIONS MADE BY THE ADMINISTRATIVE COMMISSIONER. THEREFORE, THE APPELLATE COMMISSIONE R FOUND THAT THE ORDER PASSED BY THE ASSESSING OFFICER HAS NO LOCUS STANDI . ACCORDING TO THE LD.REPRESENTATIVE, THE ASSESSING OFFICER HAS TO ADJUDICATE THE MATTER AFRESH WITHOUT BEING UNTRAMMELED BY THE OBSERVATION S MADE BY THE ADMINISTRATIVE COMMISSIONER IN COMPLIANCE TO THE DI RECTIONS ISSUED BY THIS TRIBUNAL IN THE ORDER DATED 08-02-2013. WE HEARD S MT. LATHA V KUMAR, THE LD.DR ALSO. 3. ADMITTEDLY, THE ASSESSMENT ORDER WAS PASSED CONS EQUENT TO THE ORDER OF THE ADMINISTRATIVE COMMISSIONER IN EXERCIS E OF HIS REVISIONAL JURISDICTION U/S 263 OF THE ACT. THE ASSESSEE ADMI TTEDLY CHALLENGED THE REVISIONAL ORDER BEFORE THIS TRIBUNAL. THIS TRIBUN AL WHILE CONFIRMING THE JURISDICTION OF THE ADMINISTRATIVE COMMISSIONER IN EXERCISE OF HIS POWERS DIRECTED THE ASSESSING OFFICER TO REDO THE ASSESSME NT UNTRAMMELED BY THE OBSERVATIONS MADE BY THE ADMINISTRATIVE COMMISSIONE R. HOWEVER, BEFORE THE ORDER OF THIS TRIBUNAL, THE ASSESSING OFFICER P ASSED THE IMPUGNED ORDER 3 ITA NO. 197/COCH/2014 IN TERMS OF THE OBSERVATIONS MADE BY THE ADMINISTRA TIVE COMMISSIONER. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE ASSESSING OFFICER SHALL EXAMINE THE ISSUE INDEPENDENTLY WITHOUT BEING INFLU ENCED BY THE OBSERVATIONS MADE BY THE ADMINISTRATIVE COMMISSIONE R. ACCORDINGLY, THE ORDERS OF BOTH THE AUTHORITIES BELOW ARE SET ASIDE AND THE ASSESSING OFFICER IS DIRECTED TO EXAMINE THE ISSUE INDEPENDENTLY WITH OUT BEING INFLUENCED BY THE OBSERVATIONS MADE BY THE ADMINISTRATIVE COMMISS IONER IN THE REVISIONAL ORDER AND THEREAFTER DECIDE THE SAME IN ACCORDANCE WITH LAW AFTER GIVING OPPORTUNITY OF HEARING TO THE ASSESSEE . 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 04 TH JULY, 2014. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 04 TH JULY, 2014 PK/- COPY TO: 1. M/S APOLLO TYRES LTD, 6 TH FLOOR, SHANMUGHAM ROAD, ERNAKULAM 2. DY.CIT, CIR.1(1), KOCHI 3. THE COMMISSIONER OF INCOME-TAX, KOCHI 4. THE COMMISSIONER OF INCOME-TAX(A)-II, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH