DCIT, Calicut V. M/s.Meezan Realtors P.Ltd, Calicut

ITA 209/COCH/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77464 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 15-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LATHA V KUMAR

Judgement Text

1 ITA NO.209-211/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. 209 TO 211/COCH/2014 (ASSESSMENT YEARS 2007-08, 2008-09 & 2009-10) DY.CIT, CIR.1(1) VS M/S MEEZAN REALTORS PVT LTD KOZHIKODE CALICUT PAN : AAECM7939D (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. LATHA V KUMAR, JR DR RESPONDENT BY : NONE DATE OF HEARING : 03-07-2014 DATE OF PRONOUNCEMENT : 04-07-2014 O R D E R PER N.R.S. GANESAN (JM) ALL THE THREE APPEALS OF THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER PASSED BY THE CIT(A) DATED 05-02-2014. 2. SMT. LATHA V KUMAR, THE LD.DR SUBMITTED THAT THE ASSESSING OFFICER MADE ADDITION OF RS.4,74,70,727 SUBSTANTIVELY FOR T HE ASSESSMENT YEAR 2006-07 AND PROTECTIVELY FOR THE ASSESSMENT YEARS 2 007-08, 2008-09 AND 2009-10. THE CIT(A) CONFIRMED THE SUBSTANTIVE ADDI TION MADE FOR THE ASSESSMENT YEAR 2006-07 AND DELETED THE PROTECTIVE ASSESSMENTS MADE 2 ITA NO.209-211/COCH/2014 FOR THE ASSESSMENT YEARS 2007-08, 2008-09 AND 2009- 10. THE ONLY OBJECTION OF THE LD.DR IS THAT IF THE ASSESSEE FILE S APPEAL BEFORE THIS TRIBUNAL AND THE SUBSTANTIVE ADDITION FOR THE ASSE SSMENT YEAR 2006-07 IS DELETED, THEN THE ADDITION HAS TO BE CONSIDERED FOR THE ASSESSMENT YEARS UNDER CONSIDERATION THEREFORE, THE DEPARTMENT FILE D THE APPEALS IN ANTICIPATION OF THE APPEAL THAT MAY BE FILED BY THE ASSESSEE CHALLENGING THE ORDER OF CIT(A) FOR THE ASSESSMENT YEAR 2006-07 . THE LD.DR SUBMITTED THAT THOUGH THE APPEAL IS NOT YET FILED, THE ASSESS EE MAY FILE THE APPEAL IN FUTURE WITH AN APPLICATION TO CONDONE THE DELAY. 3. NO ONE APPEARED FOR THE ASSESSEE EVEN THOUGH THE NOTICE OF HEARING WAS SERVED ON THE ASSESSEE BY R.P.A.D. THE REGISTRY HAS PLACED ON RECORD THE POSTAL ACKNOWLEDGEMENT AS A PROOF OF SERVICE OF NOTICE ON THE ASSESSEE. 4. IT IS NOT IN DISPUTE THAT THE SUBSTANTIVE ADDITI ON WAS MADE FOR THE ASSESSMENT YEAR 2006-07 AND THE PROTECTIVE ASSESSME NTS WERE MADE FOR THE ASSESSMENT YEARS 2007-08, 2008-09 AND 2009-10. ONCE THE SUBSTANTIVE ADDITION WAS CONFIRMED, THE PROTECTIVE ASSESSMENTS FOR THE ASSESSMENT YEARS 2007-08, 2008-09 AND 2009-10 CANNO T STAND. AS ON TODAY, THE ASSESSEE HAS NOT CHALLENGED THE ADDITION CONFIRMED BY THE CIT(A) BEFORE THIS TRIBUNAL. THESE APPEALS ARE FIL ED IN ANTICIPATION THAT THE 3 ITA NO.209-211/COCH/2014 ASSESSEE MAY FILE THE APPEAL AGAINST THE CONFIRMATI ON OF SUBSTANTIVE ADDITION WITH CONDONATION APPLICATION. THIS TRIBUN AL IS OF THE CONSIDERED OPINION THAT AS ON TODAY NO APPEAL IS FILED BY THE ASSESSEE. THEREFORE, THE APPEALS OF THE REVENUE DO NOT MERIT CONSIDERATION. HENCE, WE CONFIRM THE ORDER OF CIT(A). HOWEVER, WE MAKE IT CLEAR THAT I T IS OPEN TO THE REVENUE TO MAKE AN APPLICATION FOR RECALL OF THIS ORDER IN CASE THE ASSESSEE FILES APPEAL AT A LATER STAGE AGAINST THE CONFIRMATION OF SUBSTANTIVE ADDITION BY THE CIT(A). 5. IN THE RESULT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. 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. DY.CIT, CIR.1(1), KOZHIKODE 2. M/S MEEZAN REALTORS PVT LTD, 5/3410, II LEVEL, G ALLERIA TRADE CENTRE, MARKAZ COMPLEX, MAVOOR ROAD, CALICUT 3. THE COMMISSIONER OF INCOME-TAX, KOZHIKODE 4. THE COMMISSIONER OF INCOME-TAX(A), AAYAKAR BHAVA N, MANANCHIRA, KOZHIKODE 673 001 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH