ITO, Kannur V. M/s.Kuthuparamba Range Kalluchethu Vyavasaya Thozhilai sahakarana sangham Ltd, Cochin

ITA 201/COCH/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77472 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2014
• Appeal Filed By: Department
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 08-05-2014
• Court: TRIBUNAL
• Department Lawyers: K K JOHN
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND CHANDRA POOJ ARI, AM I.T.A. NO. 201 /COCH/2014 ASSESSMENT YEAR: 2009-10 THE I.T.O., WARD-2,KANNUR VS. M/S. KUTHUPARAMBA RANGE KALLUCHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGAM LTD.,KUTHUPARAMBA, KANNUR-670 643. [PAN:AADCK 2392M] (REVENUE APPELLANT) (ASSESSEE-RESPONDEN T) REVENUE BY SHRI K.K. JOHN, SR. DR ASSESSEE BY NONE DATE OF HEARING 30/06/2014 DATE OF PRONOUNCEMENT 04/07/2014 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER DATED 04- 02-2014 PASSED BY THE CIT(A), KOZHIKODE. 2. THE ONLY ISSUE IN THE REVENUE APPEAL IS THAT THE CIT(A) ERRED IN DELETING THE DISALLOWANCE OF 50% OF CONTINGENT EXPENSES AMOU NTING TO RS. 27,82,848/- MADE BY THE ASSESSING OFFICER, THERE BEING NO DETAI LS FURNISHED BEFORE HIM. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E CLAIMED EXPENSES OF RS. 27,82,848/- AS CONTINGENT EXPENSES DEBITED TO P&L A CCOUNT. BEFORE THE ASSESSING OFFICER, NONE APPEARED ON BEHALF OF THE A SSESSEE. SO, THE ASSESSMENT WAS COMPLETED EXPARTE U/S. 144 OF THE ACT. I.T.A. NO. 201/COCH/2014 2 4. THE LD. DR SUBMITTED THAT THE ASSESSEE HAS NOT C O-OPERATED WITH THE ASSESSING OFFICER AND THE CIT(A), WITHOUT CALLING F OR THE REMAND REPORT UNILATERALLY DELETED THE ADDITION. 5. BEFORE US ALSO NONE APPEARED ON BEHALF OF THE AS SESSEE NOR ANY ADJOURNMENT APPLICATION FILED BEFORE THE TRIBUNAL A ND HENCE WE PROCEED TO DISPOSE OF THE APPEAL AFTER HEARING THE LD. DEPARTM ENTAL REPRESENTATIVE. IN OUR OPINION, IT IS FAIR AND APPROPRIATE TO REMIT THE EN TIRE ISSUE BACK TO THE FILE OF THE ASSESSING OFFICER FOR FRESH EXAMINATION WITH THE DI RECTION TO THE ASSESSEE TO PRODUCE THE NECESSARY EVIDENCE IN SUPPORT OF THE CL AIM OF THE EXPENSES. ACCORDINGLY, THIS GROUND OF THE REVENUE IS PARTLY A LLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S PARTLY ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED ACCORDINGLY ON 04-07- 2014. SD/- SD/- (N.R.S.GANESAN) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 4TH JULY, 2014 GJ COPY TO: 1. M/S. KUTHUPARAMBA RANGE KALLUCHETHU VYAVASAYA TH OZHILALI SAHAKARANA SANGAM LTD.,KUTHUPARAMBA, KANNUR-670 643. 2. THE I.T.O., WARD-2, KANNUR. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS), KOZHIKO DE. I.T.A. NO. 201/COCH/2014 3 4. THE COMMISSIONER OF INCOME-TAX, KOZHIKODE. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T. COCHIN