Orissa Chrome Export & Mining Co. Ltd, Bhubaneswar V. CIT, Bhubaneswar

ITA 338/CTK/2011

• Counselvise Citation: 33822114 RSA 2011
• Duration Of Justice: 3 year(s) 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2015
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 18-05-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 23-06-2011
• Court: TRIBUNAL
• Department Lawyers: SHOVAN KRISHNA SAHU
• Keywords: Principle of natural justice
• Section: 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH , CUTTACK [ , . . , BEFORE SHRI SUNIL KUMAR YADAV , J M & SHRI B.P.JAIN , A M ./ ITA NO. 3 38 / CTK /20 1 1 ( [ [ / ASSESSMENT YEAR : 2006 - 07 ) ORISSA CHROME EXPORT & MINING CO. LTD., A - 65/1, NAYAPALLI, BHUBANESWAR VS. CIT, BHUBANESWAR ./ ./ PAN/GIR NO. : A A ACO 4389 B ( / APPELLANT ) .. ( / RESPONDE NT ) [ /ASSESSEE BY : SHRI SUNIL MISHRA /REVENUE BY : SHRI SHOVAN KRISHNA SAHU / DATE OF HEARING : 18 TH MAY , 201 5 / DATE OF PRONOUNCEMENT 18 TH MA Y ,2015 / O R D E R PER SUNIL KUMAR YADAV ( J .M) : THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF CIT, BHUBANESWAR DATED 21 - 3 - 2011 FOR THE ASSESSMENT YEAR 2006 - 07, INTER ALIA , ON FOLLOWING GROUNDS : - 1. THAT, THE ORDER OF THE LEARNED CIT IS ILLEGAL, WITHOUT JURISDICTION , CONTRARY TO THE PROVISIONS OF ACT AND IS IN GROSS VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AND FOR THAT MATTER THE IMPUGNED ORDER U/S.263 OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED AS THE ACT) IS LIABLE TO BE QUASHED AND/OR ANNULLED. 2. THAT, THE ORDER UNDER SECTION 263 OF THE ACT IS BARRED BY LIMITATION AS THE IMPUGNED ORDER HAS BEEN SERVED ON THE APPELLANT ON 25.04.2011 AND FOR THAT MATTER THE ORDER U/S.263 OF THE ACT IS LIABLE TO BE QUASHED AND/OR ANNULLED. 3. THAT, THE SHOW CAUSE NOTICE I SSUED BY THE LEARNED CIT IS A CASE OF NON - APPLICATION OF MIND, WITHOUT HAVING ANY COGENT REASON AND FOR THAT MATTER THE ORDER U/S.263 OF THE ACT, IS LIABLE TO BE QUASHED AND/OR ANNULLED. 4. THAT, THE LEARNED CIT HAS FAILED TO GIVE ANY SPECIFIC AND COGENT REASON SO AS TO SET ASIDE THE ASSESSMENT ORDER AND FOR THAT MATTER THE ORDER U/S.263 OF THE ACT IS LIABLE TO BE QUASHED AND/OR ANNULLED. ITA NO. 338/11 2 5. THAT, THE CASE LAWS CITED BY THE LEARNED CIT IS NOT APPLICABLE TO THE FACTS AND CIRCUMSTANCES OF THE CASE AND FOR TH AT MATTER THE ORDER U/S.263 OF THE ACT BASIS ON SUCH JUDGMENTS IS LIABLE TO BE QUASHED AND/OR ANNULLED. 6. THAT, THE COST OF APPEAL MAY BE GIVEN TO THE APPELLANT IN ACCORDANCE WITH THE RULES. 2. DURING THE COURSE OF HEARING, LEARNED COUNSEL FOR THE ASSES SEE HAS MOVED AN APPLICATION WITH A REQUEST FOR WITHDRAWAL OF THIS APPEAL AS THE ASSESSING OFFICER HAS ALREADY PASSED AN ORDER CONSEQUENT TO THE ORDER OF CIT, THEREFORE, THIS APPEAL MAY BE DISMISSED AS WITHDRAWN. 3. THE REQUEST OF THE ASSESSEE WITH REGARD TO WITHDRAWAL OF THIS APPEAL WAS NOT OBJECTED TO BY THE REVENUE. WE, THEREFORE, DISMISS THE APPEAL AS WITHDRAWN. 4 . IN THE RESULT, AP PEAL OF THE ASSESSEE IS DISMISSED ORDER PRONOUNCED IN THE OPEN COURT ON THIS 18 / 05 / 201 5 . SD/ - SD/ - ( . . ) ( B. P. JAIN ) ( ) ( SUNIL KUMAR YADAV) / ACCOUNTANT MEMBER / JUDICIAL MEMBER CUTTACK ; DATED 18 /0 5 / 201 5 . . /PKM , . / PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, CUTTACK 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR, ITAT , C UTTACK 6. [ / GUARD FILE. //TRUE COPY//