M/s Mavany Brothers, Panaji V. Deputy Commissioner of Income Tax, Circle-1, Panaji

ITA 24/PAN/2005

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93455 (ITAT-PANAJI)
• Duration Of Justice: 10 year(s) 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 18-06-2015
• Assessment Year: misc
• Appeal Filed On: 20-01-2005
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MEHBOOB ALI KHAN LD
• Assessee Lawyers: D E ROBINSON
• Keywords: Assessment record

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, HON'BLE ACCOUNTANT MEMBER ITA NO. 24/PNJ/2005 : (A.Y 1996 - 97) M/S. MAVANY BROTHERS, SHIV TOWERS, PATTO PLAZA, PANJIM, GOA. PAN : AAJFM7971R ( APPELLANT) VS. DCIT, CIRCLE - 1, PANJIM, GOA (RESPONDENT) ASSESSEE BY : D.E. ROBINSON, ADV. REVENUE BY : MEHBOOB ALI KHAN, LD. DR DATE OF HEARING : 18/06/2015 DATE OF PRONOUNCEMENT : 18/06/2015 O R D E R PER GEORGE MATHAN : 1. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A), PANAJI IN ITA NO. 42/PNJ/02 - 03 DT. 30.11.2004 FOR THE A.Y 1996 - 97. SHRI D.E. ROBINSON, ADV. REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI MEHBOOB ALI KHAN, LD. DR REPRESENTED ON BEHALF OF THE REVENUE. 2. IT WAS SUBMITTED BY THE LD. AR THAT THE TRIBUNAL HAD ORIGINALLY DECIDED THE ASSESSEES APPEAL AGAINST THE ASSESSEE VIDE ORDER DT. 15.1.2007. THE SAID ORDER OF THE TRIBUNAL WAS THE SUBJECT MATTER OF AN APPEAL BEFORE THE HON'BLE JURISDICTION HIGH COURT OF BOMBAY AT GOA IN TAX APPEAL NO. 8 OF 2007. IT WAS THE SUBMISSION THAT THE HON'BLE HIGH COURT HAD VIDE ORDER DT. 17.4.2015 2 ITA NO. 24/PNJ/2005 (A.Y : 1996 - 97) QUASHED THE TRIBUNALS ORDER AND RESTORED THE APPEAL TO THE FILE OF THE T RIBUNAL TO DECIDE ALL THE ISSUES AFRESH. IT WAS THE SUBMISSION THAT IN RESPECT OF THE QUESTION OF THE JURISDICTION ONLY, THE TRIBUNAL WAS SPECIFICALLY DIRECTED TO GIVE ITS FINDING AFTER CONSIDERING ALL THE FACTS. IT WAS THE SUBMISSION THAT THE REASONS FO R RE - OPENING WERE IN THE PAPER BOOK AT PG. 1. IT WAS THE SUBMISSION THAT THE REASONS RECORDED WERE WITHOUT ANY SUBSTANTIVE EVIDENCE AND CONSEQUENTLY, WAS LIABLE TO BE QUASHED. AT THIS POINT, IT WAS INFORMED TO THE LD. AR THAT AS THE REASONS RECORDED HAVE BEEN SPECIFICALLY CHALLENGED, THE ASSESSMENT RECORD WOULD HAVE TO BE SEEN. TO THIS, IT WAS SUBMITTED BY THE LD. AR THAT IN THE PRESENT CASE THE ASSESSMENT RECORDS ARE NOT AVAILABLE. WHEN THIS WAS PUT TO THE LD. DR, IT WAS SUBMITTED THAT NOWHERE HAS ANY AUTHORITY CONFIRMED THAT THE ASSESSMENT RECORDS WERE NOT THERE. IT WAS THE SUBMISSION THAT THIS APPEAL COULD BE RESTORED TO THE FILE OF THE AO FOR RE - ADJUDICATION IN LINE WITH THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE OF GKN DRIVESHAFTS (INDIA ) LTD. REPORTED IN 259 ITR 19. 3. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE SIDES, AS THE DETAILED FACTS WOULD HAVE TO BE VERIFIED AND AS THE RECORDS HAVE NOT BEEN PRODUCED BEFORE US, WE ARE OF THE VIEW THAT IN VIEW OF THE PRINCIPLES LAID DOWN BY TH E HON'BLE SUPREME COURT IN THE CASE OF GKN DRIVESHAFTS (INDIA) LTD. REFERRED TO SUPRA, THE ISSUE OF RE - OPENING WOULD HAVE TO BE RESTORED TO THE FILE OF THE AO FOR RE - ADJUDICATION AFTER CONSIDERING THE OBJECTIONS OF THE ASSESSEE. IN THE CIRCUMSTANCES, THE ISSUES IN THIS APPEAL ARE RESTORED TO THE FILE OF THE AO FOR RE - ADJUDICATION IN LINE WITH THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE OF GKN DRIVESHAFTS (INDIA) LTD. REFERRED TO SUPRA AND THE AO IS DIRECTED TO DISPOSE OFF THE ISSUE OF RE - OPENING AFTER CONSIDERING THE OBJECTIONS OF THE ASSESSEE FIRST BEFORE PROCEEDING ON MERITS IN THE ASSESSMENT. 3 ITA NO. 24/PNJ/2005 (A.Y : 1996 - 97) 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 18/06/2015. S D / - (N.K. BILLAIYA) ACCOUNTANT MEMBER S D / - ( GEORGE MATHAN ) JUDICIAL MEMBER PLACE : PANAJI / GOA DATED : 1 8 /06/ 201 5 *SSL* COPY TO : (1) APPELLANT (2) RESPONDENT (3) CIT(A) CONCERNED (4) CIT CONCERNED (5) D.R (6) GUARD FILE TRUE COPY, BY ORDER , 4 ITA NO. 24/PNJ/2005 (A.Y : 1996 - 97) DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ORDER ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 18/06/2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 1 9 /06/2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 1 9 /06/2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 1 9 /06/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 1 9 /06/2015 SR.PS 6. DATE OF PRONOUNCEMENT 18/06/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 1 9 /06/2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER