Travancore Sugars & Chemicals Ltd, Pathanamthitta V. Deputy Commissioner of Income Tax, Pathanamthitta

ITA 235/COCH/2009

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58339 (ITAT-COCHIN)
• Duration Of Justice: 2 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2012
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 27-03-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 30-04-2009
• Court: TRIBUNAL
• Department Lawyers: S R SENAPATI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND B.R.BASKAR AN, AM I.T.A. NO. 235/COCH/2009 ASSESSMENT YEAR : 2006-07 THE TRAVANCORE SUGARS & CHEMICALS LTD., VALANJAVATTOM, THIRUVALLA. [PAN: AAACT 7594F] THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, THIRUVALLA. (ASSESSEE -APPELLANT) (REVENUE- RESPONDENT) ASSESSEE BY NONE REVENUE BY SHRI S.R. SENAPATI, SR. DR DATE OF HEARING 27/03/2012 DATE OF PRONOUNCEMENT 27/03/2012 O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 22-01-2009 PASSED BY THE LD. CIT(A)-IV, KOCHI AND IT RELATES TO THE A SSESSMENT YEAR 2006-07. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE D ATE OF HEARING, THOUGH THE CASE WAS ADJOURNED ON EARLIER OCCASIONS AT THE REQUEST O F THE ASSESSEE. HENCE, WE PROCEED TO DISPOSE OF THIS APPEAL EX PARTE, QUA THE ASSESSEE. 3. THE GROUNDS OF APPEAL RAISED BY THE ASSES SEE RELATE TO THE FOLLOWING TWO ISSUES:- (A) THE HEAD OF INCOME UNDER WHICH THE RENTAL INC OME IS ASSESSABLE. (B) THE HEAD OF INCOME UNDER WHICH THE INTEREST RECEIPTS IS ASSESSABLE. ITA NO.235 /COCH/ 2009 2 4. WE HAVE HEARD THE LD. DR. THE CLAIM OF THE ASS ESSEE IS THAT BOTH THE RENTAL INCOME AND THE INTEREST INCOME SHOULD BE ASSESSED U NDER THE HEAD INCOME FROM BUSINESS. HOWEVER THE ASSESSING OFFICER HAS ASSES SED THE RENTAL INCOME UNDER THE HEAD INCOME FROM HOUSE PROPERTY AND THE INTEREST INCOM E UNDER THE HEAD INCOME FROM OTHER SOURCES. THE LD CIT(A) HAS CONFIRMED THE VI EW OF THE A.O. 5. WE NOTICE FROM THE ORDER OF THE LD. CIT(A) THAT THE FIRST APPELLATE AUTHORITY HAS FOLLOWED THE DECISION OF THIS BENCH IN THE ASSESSEE S OWN CASE IN I.T.A. NO. 605/COCH/2005-06 DATED 30 TH AUGUST, 2007 RELATING TO THE ASSESSMENT YEAR 2005 -06 IN DECIDING BOTH THE ISSUES AGAINST THE ASSESSEE. SIN CE THE LD. CIT(A) HAS FOLLOWED THE DECISION OF THE CO-ORDINATE BENCH OF THIS TRIBUNAL ON IDENTICAL FACTS, WE DO NOT FIND IT NECESSARY TO INTERFERE WITH HIS ORDER. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. PRONOUNCED ACCORDINGLY ON 27-03-201 2 SD/- SD/- (N.R.S.GANESAN) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 27TH MARCH, 2012 GJ COPY TO: 1. THE TRAVANCORE SUGARS & CHEMICALS LTD., VALANJAV ATTOM, THIRUVALLA. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, THIRUVALLA. 3. THE COMMISSIONER OF INCOME-TAX (APPEALS)-IV, KOC HI. 4. THE COMMISSIONER OF INCOME-TAX, KOTTAYAM. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE . BY ORDER (ASSISTANT REGISTRAR) I.T.A.T, COCHIN