M.Lakshmana Bharathi, CHENNAI V. ITO, CHENNAI

ITA 1997/CHNY/2015

• Counselvise Citation: 199721714 RSA 2015
• Duration Of Justice: 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2015
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 18-09-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 15-09-2015
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: N DEVANATHAN
• Keywords: Application of stay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER S.P.NO.396/MDS./2015 & ./ I.T.A.NO.1997/MDS./2015 ( / ASSESSMENT YEAR :2006-07) MR.LAKSHMANA BHARATHI, PROP.SRI KUMARAN STORES, DOOR NO.32,FIRST MAIN ROAD, NORTH JAGANNATHAN NAGAR, VILLIVAKKAM, CHENNAI 600 049. VS. INCOME TAX OFFICER, BUSINESS WARD XV(1) CHENNAI. PANAMDPB 8724 B ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : MR.N.DEVANATHAN,ADVOCATE / RESPONDENT BY : MR.A.V.SREEKANTH, JCIT, D.R / DATE OF HEARING : 18.09.2015 /DATE OF PRONOUNCEMENT : 18.09.2015 / O R D E R PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: THIS STAY PETITION IS FILED BY THE ASSESSEE SEEKI NG STAY OF OUTSTANDING DEMAND OF ` 5,53,273/- FOR THE ASSESSMENT YEAR 2006-07. S.P NO. 393/MDS/2015 2 2. LD. A.R SUBMITTED BEFORE US THAT THE PETITIONER IS A SMALL GROCERY SHOP OWNER AT VILLIVAKKAM. IN THE SCRUTINY ASSESSMENT PROCEEDINGS, ADDITIONS WERE MADE FOR ` 1,50,000/- ON ACCOUNT OF POOR DRAWINGS AND ` 6,40,000/- TOWARDS UNDISCLOSED INCOME BEING UNEXPLAINED CASH DEPOSIT IN BANK ACCOUNT. ON APPEAL , THE LD. CIT (A) CONFIRMED THE ORDER OF THE LD. ASSESSING OFFICER BY PASSING AN EXPARTE ORDER. LD. A.R. FURTHER SUBMITTED THAT IF THE MATTER IS REMITTED BACK TO THE FILE OF LD. CIT (A), HE SHALL NOT PRESS THE STAY PETITION. LD. D.R THOUGH ARGUED IN SUPPORT OF THE ORDERS OF THE R EVENUE CONCEDED THE MATTER TO BE REMITTED BACK TO THE FILE OF LD. C IT (A) TO DECIDE THE ISSUE ON MERITS. 3. AFTER HEARING BOTH THE SIDES, WE ARE OF THE CON SIDERED VIEW THAT ONE MORE OPPORTUNITY SHOULD BE GIVEN TO THE ASSESSE E TO PRESENT HIS CASE BEFORE THE LD. CIT (A) TO EXAMINE THE ISSUE ON MERIT. ACCORDINGLY THE APPEAL IS REMITTED BACK TO THE FILE OF LD. CIT (A) FOR DENOVO CONSIDERATION. THE ASSESSEE IS ALSO HEREBY D IRECTED TO CO-OPERATE WITH THE REVENUE IN ITS PROCEEDINGS TO E XPEDITE THE ORDER. SINCE WE HAVE REMITTED THE CASE BACK TO THE FILE OF LD. CIT (A) AS S.P NO. 393/MDS/2015 3 AGREED BY THE LD. A.R., THE STAY APPLICATION FILED BY THE ASSESSEE IS ALSO DISPOSED OF AS NOT PRESSED. 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS DISMISSED AS NOT PRESSED AND THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUS ION OF HEARING ON 18 TH SEPTEMBER, 2015. SD/- SD/- (DUVVURU RL REDDY) (A.MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 18 TH SEPTEMBER, 2015. K S SUNDARAM. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE