Alamelu Balaji Spinning Mills (P) Ltd., Coimbatore V. DCIT Corporate Circle 1, Coimbatore

ITA 2393/CHNY/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8259 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 20-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR ADD L
• Assessee Lawyers: S SIVASHANMUGAM
• Keywords: Set aside

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , ! ' , $ '% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.2393/CHNY/2018 ( )( / ASSESSMENT YEAR : 2013-14 M/S ALAMELU BALAJI SPINNING MILLS PVT. LTD., SF NO.524/1, UTHUPALAYAM, KANAPPALLI POST, ANNUR, COIMBATORE 641 653. PAN : AACCA 4072 D V. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1, COIMBATORE. (+,/ APPELLANT) (-.+,/ RESPONDENT) +, / 0 / APPELLANT BY : SH. S. SIVASHANMUGAM, ADVOCATE -.+, / 0 / RESPONDENT BY : SHRI R. CLEMENT RAMESH KUMAR,A DDL.CIT 1 / 2$ / DATE OF HEARING : 01.04.2019 34) / 2$ / DATE OF PRONOUNCEMENT : 09.04.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -1, COIMBA TORE, DATED 26.6.28 AND PERTAINS TO ASSESSMENT YEAR 2013-14. 2. SHRI S. SIVASHANMUGAM, THE LD.COUNSEL FOR THE AS SESSEE, SUBMITTED THAT THE APPEAL FILED BY THE ASSESSEE AGA INST THE QUANTUM 2 I.T.A. NO.2393/CHNY/18 ADDITION MADE BY THE ASSESSING OFFICER IS PENDING B EFORE THE CIT(APPEALS). IN FACT, ACCORDING TO THE LD. COUNSE L, THE CIT(APPEALS) CALLED FOR REMAND REPORT ON THE BASIS OF THE MATERIAL FILED BY THE ASSESSEE BEFORE HIM, THEREFORE, THE CI T(APPEALS) IS NOT JUSTIFIED IN CONFIRMING THE PENALTY LEVIED BY THE A SSESSING OFFICER. THE LD.COUNSEL FURTHER SUBMITTED THAT SINCE THE QUA NTUM ADDITION IS PENDING BEFORE THE CIT(APPEALS), THIS APPEAL MAY BE KEPT PENDING TILL THE CIT(APPEALS) DECIDES THE ISSUE ONE WAY OR OTHER. 3. WE HEARD SHRI R. CLEMENT RAMESH KUMAR, THE LD. DEPARTMENTAL REPRESENTATIVE ALSO. ACCORDING TO THE LD. D.R., THE APPEAL FILED BY THE ASSESSEE AGAINST THE ASSESSMENT ORDER, BEFORE THE CIT(APPEALS) IS RIPE FOR FINAL DISPOSAL AND THE SAME MAY BE DISPOSED OF AT ANY POINT OF TIME. ON A QUERY FROM THE BENCH, THE LD. D.R. CLARIFIED THAT THE QUANTUM APPEAL IS ALSO PENDING BEFORE THE SAME CIT(APPEALS) WHO PASSED THE IMPUGNED ORDER IN THIS APPEAL. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. ADMITTEDLY, THE APPEAL FILED BY THE ASSESSEE AGAINST THE QUANTUM AD DITION IS PENDING BEFORE THE CIT(APPEALS). THEREFORE, THIS T RIBUNAL IS OF THE CONSIDERED OPINION THAT THE CIT(APPEALS) HAS TO REC ONSIDER THE 3 I.T.A. NO.2393/CHNY/18 ISSUE OF LEVY OF PENALTY ALONG WITH QUANTUM APPEAL FILED BY THE ASSESSEE. WHETHER THE LEVY OF PENALTY IS FOR CONCE ALMENT OF INCOME OR FURNISHING INACCURATE PARTICULARS OF INCOME WOUL D DEPEND UPON THE RESULT IN THE QUANTUM APPEAL FILED BY THE ASSES SEE. THEREFORE, FOR BETTER APPRECIATION OF FACTS, THE MATTER NEEDS TO BE RECONSIDERED BY THE CIT(APPEALS). ACCORDINGLY, THE ORDER OF THE CIT(APPEALS) IS SET ASIDE AND THE ENTIRE ISSUE IS REMITTED BACK TO THE FILE OF THE CIT(APPEALS). THE CIT(APPEALS) SHALL RECONSIDER TH E ISSUE IN THE LIGHT OF THE DECISION THAT MAY BE TAKEN BY HIM IN T HE PENDING APPEAL FILED BY THE ASSESSEE AGAINST THE QUANTUM ADDITION AND THEREAFTER DECIDE THE ISSUE AFRESH IN ACCORDANCE WITH LAW, AFT ER GIVING A REASONABLE OPPORTUNITY TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 9 TH APRIL, 2019 AT CHENNAI. SD/- SD/- ( ! ' ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 6 /DATED, THE 9 TH APRIL, 2019. KRI. 4 I.T.A. NO.2393/CHNY/18 / -278 98)2 /COPY TO: 1. +, /APPELLANT 2. -.+, /RESPONDENT 3. 1 :2 () /CIT(A)-1, COIMBATORE 4. PRINCIPAL CIT- 1, COIMBATORE 5. 8; -2 /DR 6. <( = /GF.