PHASORZ TECHNOLOGIES P LTD, BANGLORE V. ITO CORPORATE WARD-5(1), CHENNAI

ITA 2763/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8458 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 26-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A. SUNDARARAJAN
• Keywords: Set aside

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A.NO.2763/CHNY/2019 ( [ [ / ASSESSMENT YEAR: 2015-16) M/S. PHASORZ TECHNOLOGIES PVT. LTD., TOWER-D, THIRD FLOOR, DIAMOND DISTRICT, NEAR ISRO COLONY, OLD AIRPORT ROAD, DOMLUR, BANGALORE 560 008. VS THE INCOME TAX OFFICER, CORPORATE WARD 5 (1), CHENNAI PAN: AAHCP 3193M ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : NONE / RESPONDENT BY : SHRI A. SUNDARARAJAN,ADDL. CIT /DATE OF HEARING : 05.12.2019 /DATE OF PRONOUNCEMENT : 16.01.2020 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)3, CHENNAI DATED 17.07.2017 AND PERTAINS TO THE ASSESSMENT YEAR 2015-16. 2 I.T.A. NO. 2763/CHNY/2019 2. THE NOTICE OF HEARING WAS ISSUED BY THIS TRIBUNAL BY RPAD. HOWEVER THE POSTAL AUTHORITIES RETURNED THE RPAD WITH AN ENDORSEMENT NO SUCH COMPANY. THERE MAY BE VARIOUS REASONS FOR THE ASSESSEE FOR NOT FURNISHING THE CORRECT ADDRESS TO THE REGISTRY. THIS TRIBUNAL HAS NO MACHINERY TO TRACE OUT THE ASSESSEE AND SERVE NOTICE. THEREFORE, WE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PROCEEDED TO DISPOSE THE APPEAL ON MERIT. 3. SHRI A. SUNDARARAJAN, THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSEE IS A RECOGNIZED START-UP COMPANY AND FILED COPY OF FORM 2. THE CBDT ISSUED A CIRCULAR ON 09.08.2019 CLARIFYING THAT THERE CANNOT BE ANY ADDITION WITH REGARD TO VALUATION OF SHARES U/S.56(2)(VIIB) OF THE INCOME TAX ACT. IN VIEW OF THIS CIRCULAR, ACCORDING TO THE LD.DR THE DEPARTMENT CANNOT ENFORCE THE OUTSTANDING DEMAND. HENCE, THE APPEAL HAS TO BE ALLOWED. 4. HAVING HEARD THE LD.DR, WE FIND THAT THE CBDT BY CIRCULAR DATED 30.08.2019, THE COPY OF WHICH IS AVAILABLE ON RECORD MADE IT CLEAR THAT WHEN THE ASSESSEE IS A RECOGNIZED START-UP COMPANY HAVING FILED DECLARATION IN FORM 2, THE PROVISIONS OF SECTION 56(2)(VIIB) SHALL NOT BE MADE APPLICABLE. IN VIEW OF THIS CIRCULAR, THIS 3 I.T.A. NO. 2763/CHNY/2019 TRIBUNAL IS OF THE CONSIDERED OPINION BOTH THE AUTHORITIES BELOW ARE NOT JUSTIFIED IN MAKING ANY ADDITION. ACCORDINGLY THE ORDERS OF BOTH THE AUTHORITIES BELOW ARE SET ASIDE AND THE ADDITION MADE BY THE ASSESSING OFFICER IS DELETED. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 16 TH JANUARY, 2020 AT CHENNAI. SD/- SD/- ( ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, /DATED, THE 16 TH JANUARY 2020. RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. [ /GF