DCIT, Coimbatore V. M/s. Precot Industries Ltd., Coimbatore

ITA 2163/CHNY/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 68737 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2013
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 25-09-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 29-11-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SHAJI P JACOB IRS
• Assessee Lawyers: K RAVI
• Keywords: Rule of consistency
• Section: 54

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER ITA NOS.2163(MDS)/2012 ASSESSMENT YEAR : 2006-07 THE DEPUTY COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE I(2), COIMBATORE. VS M/S. PRECOT INDUSTRIES LTD., SUPREME PB-7161, GREENFIELDS, PULIAKULAM, COIMBATORE-45. PAN AABCP3038K. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHAJI P JACOB, I RS, ADDL.CIT RESPONDENT BY : SHRI K.RAVI, ADVOCATE DATE OF HEARING : 25 TH SEPTEMBER, 2013 DATE OF PRONOUNCEMENT : 25 TH SEPTEMBER, 2013 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT THIS APPEAL FILED BY THE REVENUE RELATES TO THE ASSESSMENT YEAR 2006-07. THE APPEAL IS DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS)-I AT COIMBATORE, DATED 3-9-2012 AND ARISES OUT OF THE AS SESSMENT - - ITA 2163 OF 2012 2 COMPLETED UNDER SECTION 143(3), READ WITH SECTION 2 54 OF THE INCOME-TAX ACT, 1961. 2. THE HONBLE MADRAS HIGH COURT HAS REMITTED BACK THE CONNECTED AND SIMILAR ISSUE TO THE FILE OF THE COMMISSIONER OF INCOME-TAX(APPEALS) IN ASSESSEES OWN CASE THROU GH THE JUDGMENT OF THEIR LORDSHIPS DATED 24-7-2013 RENDERE D IN TAX CASE(APPEAL) NOS.140 TO143 OF 2013 AND 489 TO 491 O F 2012 AND 319 OF 2013. 3. WHEN SIMILAR ISSUE IS REMITTED BACK BY THE HON BLE HIGH COURT TO THE FILES OF THE COMMISSIONER OF INCO ME- TAX(APPEALS), IT IS NOT PROPER ON OUR PART TO DECID E THE ISSUE WITHOUT CONSIDERING THE DIRECTIONS ISSUED BY THE HO NBLE HIGH COURT IN THE CONNECTED CASES. IF WE DO SO, OUR DEC ISION AND THE DECISION OF THE COMMISSIONER OF INCOME-TAX(APPEALS) MAY DIFFER, WHICH MAY DEVIATE THE RULE OF CONSISTENCY. THEREFO RE, IT IS OUR CONSIDERED OPINION THAT ALL THE APPEALS INVOLVING S IMILAR ISSUE SHOULD BE CONSIDERED TOGETHER SO THAT THE DECISION TAKING AUTHORITY CAN ARRIVE AT A UNIFORM AND CONSISTENT FI NDING. IN VIEW OF THE ABOVE JUDICIAL PROPRIETY, WE REMIT BACK THIS FI LE ALSO TO THE COMMISSIONER OF INCOME-TAX(APPEALS) TO BE CONSIDERE D - - ITA 2163 OF 2012 3 ALONGWITH THE OTHER FILES REMITTED TO HIM BY THE HO NBLE HIGH COURT OF MADRAS. THE COMMISSIONER OF INCOME-TAX(AP PEALS) IS DIRECTED TO CONSIDER THE ISSUE INVOLVED IN THE PRES ENT APPEAL AS WELL ALONGWITH THE CONNECTED APPEALS AND IN THE LIG HT OF THE DIRECTIONS ISSUED BY THE HONBLE HIGH COURT. 4. IN RESULT, THIS APPEAL FILED BY THE REVENUE IS TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME O F HEARING ON, WEDNESDAY, THE 25 TH OF SEPTEMBER, 2013 AT CHENNAI. SD/- SD/- (VIKAS AWASTHY) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED, THE 25 TH SEPTEMBER, 2013. V.A.P. COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GF.