ACIT, Madurai V. M/s. Susee Vechicle Dealers P Limited, Tirunelveli

ITA 305/CHNY/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 51663 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-08-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 21-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K E B RENGARAJAN JR
• Assessee Lawyers: G BASKAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH B, CHENNAI B E F O R E DR. O.K.NARAYANAN, VICE PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER .. ITA NO.304 & 305(MDS)/2011 ASSESSMENT YEARS: 2006-07 & 2007-08 THE ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE III, MADURAI. VS. M/S.SUSEE VEHICLE DEALERS P. LTD., 184/2, TRIVANDRUM ROAD, VANNARAPETTAI, TIRUNELVELI. PAN AAHCS8801K. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.E.B.RENGARAJAN, JR. STANDING COUNSEL RESPONDENT BY: SHRI G.BASKAR, ADVOCAT E. O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT: THESE TWO APPEALS ARE FILED BY THE REVENUE. THE RELEVANT ASSESSMENT YEARS ARE 2006-07 AND 2007-08. THESE - - ITA 304 & 305 OF 2011 2 APPEALS ARE DIRECTED AGAINST THE COMMON ORDER PASSE D BY THE COMMISSIONER OF INCOME-TAX(APPEALS)-II AT MADURAI D ATED 21-4- 2010 AND ARISE OUT OF THE ASSESSMENTS COMPLETED UND ER SECTION 143(3) READ WITH SECTION 153C OF THE INCOME-TAX ACT , 1961, 2. THE GROUNDS RAISED BY THE REVENUE IN THESE APPEALS ARE THAT THE COMMISSIONER OF INCOME-TAX(APP EALS) HAS ERRED IN DELETING THE ADDITIONS OF ` 6,24,480/- AND ` 5,41,920/- RESPECTIVELY FOR THE ASSESSMENT YEARS 2006-07 AND 2 007-08, MADE BY THE ASSESSING AUTHORITY TOWARDS EXCESS AMOU NT COLLECTED AT THE TIME OF REGISTRATION AND AN ADDITI ON OF ` 88,950/- FOR THE ASSESSMENT YEAR 2006-07 TOWARDS DEFICIT IN CASH BALANCE. 3. WE FIND THAT THE COMMISSIONER OF INCOME- TAX(APPEALS) HAS DELETED THE ADDITIONS ON THE BASIS OF THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, CHENNA I BENCHES, WHICH ARE BINDING ON HIM. THEREFORE, WE CANNOT FIN D ANY INFIRMITY IN THE ORDERS PASSED BY THE COMMISSIONER OF INCOME- TAX(APPEALS). THE APPEALS FILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. - - ITA 304 & 305 OF 2011 3 ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON MONDAY, THE 8 TH DAY OF AUGUST, 2011 AT CHENNAI. SD/- SD/- (HARI OM MARATHA) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 8 TH AUGUST, 2011. V.A.P. COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT (4) CIT(A) (5) D.R. (6) G.F.