M/s M Abdul Rehuman Kunju, Kollam V. Assistant Commissioner of Income Tax, Kollam

ITA 212/COCH/2009

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58240 (ITAT-COCHIN)
• Duration Of Justice: 2 year(s) 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-01-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 20-04-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T R PRASANNAKUMARI
• Assessee Lawyers: IYPE MATHEW
• Keywords: Retrospective amendment
• Section: 80HHC; 147; 154

Judgement Text

1 ITA NO.211 & 212/COCH/2009 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI SANJAY AROR A (AM) I.T.A. NO. 211 & 212/COCH/2009 (ASSESSMENT YEARS 2001-02 & 2003-04) M/S M ABDUL REHUMAN KUNJU VS A.C.I.T., CIR.1 CASHEW EXPORTERS KOLLAM CHANDANATHOPE, KOLLAM PAN : AABFM3792J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI IYPE MATHEW RESPONDENT BY : SMT. T.R. PRASANNAKUMARI DATE OF HEARING : 19-01-2012 DATE OF PRONOUNCEMENT : 02-02-2012 O R D E R PER N.R.S. GANESAN (JM) BOTH THE APPEALS OF THE ASSESSEE ARE DIRECTED AGAI NST TWO INDEPENDENT ORDERS OF COMMISSIONER OF INCOME-TAX(A) FOR THE ASS ESSMENT YEARS 2001-02 AND 2003-04. SINCE COMMON ISSUE ARISES FOR CONSIDERATIO N IN BOTH THE APPEALS, THE SAME WERE HEARD TOGETHER AND ARE DISPOSED OF BY THI S COMMON ORDER. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS WITH REGARD TO WITHDRAWAL OF DEDUCTION GRANTED U/S 80HHC OF THE ACT ON THE BASIS OF THE RETROSPECTIVE AMENDMENT BROUGHT IN THE STATUTE BY TAXATION LAWS ( AMENDMENT) ACT, 2005. 2 ITA NO.211 & 212/COCH/2009 3. WE HEARD SHRI IYPE MATHEW THE LD.REPRESENTATIVE FOR THE ASSESSEE AND SMT. T.R. PRASANNAKUMARI, THE LD.DR. 4. IT IS BROUGHT TO THE NOTICE OF THE BENCH THAT TH E JURISDICTIONAL HIGH COURT WHILE CONSIDERING THE AMENDED PROVISIONS OF SECTION 80HHC OF THE ACT FOUND THAT THE ASSESSING OFFICER CAN EVEN RECTIFY THE ASSESSME NT ORDER U/S 154 OF THE INCOME-TAX ACT BY WITHDRAWING THE DEDUCTION GRANTED U/S 80HHC OF THE ACT. IN THIS CASE, THE ASSESSING OFFICER WITHDREW THE DEDUC TION U/S 80HHC ON THE BASIS OF THE AMENDED PROVISIONS OF SECTION 80HHC AFTER REOPE NING THE ASSESSMENT U/S 147 OF THE ACT. SINCE ADMITTEDLY, THE HIGH COURT U PHELD THE ORDER PASSED U/S 154 WITHDRAWING THE DEDUCTION GRANTED U/S 80HHC ON THE BASIS OF THE AMENDED PROVISIONS OF SECTION 80HHC, THIS TRIBUNAL IS OF TH E OPINION THAT THE ASSESSING OFFICER CAN EQUALLY REOPEN THE ASSESSMENT U/S 147 O F THE ACT FOR THE PURPOSE OF WITHDRAWING THE DEDUCTION GRANTED U/S 80HHC OF THE ACT. THEREFORE, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LOWER AUTHOR ITY. ACCORDINGLY THE SAME IS CONFIRMED. 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 02 ND DAY OF FEBRUARY, 2012. SD/- SD/- (SANJAY ARORA) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 02 ND FEBRUARY, 2012 PK/- 3 ITA NO.211 & 212/COCH/2009 COPY TO: 1. M/S ABDUL RAHUMAN KUNJU, CASHEW EXPORTERS, CHANDANA THOPE, KOLLAM 2. A.C.I.T., CIR.1, KOLLAM 3. THE COMMISSIONER OF INCOME-TAX(A)-IV, KOCHI 4. THE COMMISSIONER OF INCOME-TAX, THIRUVANANTHAPURAM 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH