ITO, CHENNAI V. Quite Extrusion Private Limited, Gummidipoondi

ITA 3420/CHNY/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1968 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-03-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 20-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AR V SREENIVASANJCITD R
• Assessee Lawyers: N VIJAYKUMARC A
• Keywords: Reopening of assessment; Tax effect; Condonation of delay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & S HRI S.JAYARAMAN , ACCOUNTANT MEMBER I.T.A.NOS.3419 & 3420/CHNY/2016 AND C.O. NOS.54 & 55/CHNY/2017 ASSESSMENT YEARS : 2007-08 & 2008-09 THE INCOME TAX OFFICER, CORPORATE WARD-5(3), CHENNAI. VS. M/S.QUITE EXTRUSION PVT LTD ., 33,N&S PHASE-II, SIPCOT INDUSTRIAL COMPLEX, GUMMUDIPUNDI 601 201. [PAN ] ( / APPELLANT) ( /RESPONDENT / CROSS OBJECTOR) / APPELLANT BY : MR.AR.V.SREENIVASAN,JCIT,D.R /RESPONDENT BY : MR.N.VIJAY KUMAR,C.A ! / DATE OF HEARING : 05 - 11 - 201 8 '#$% ! / DATE OF PRONOUNCEMENT : 05 - 11 - 201 8 ! / O R D E R PER BENCH: THESE TWO APPEALS FILED BY THE REVENUE ARE AGAIN ST THE COMMON ORDER OF THE COMMISSIONER OF INCOME-TAX (APP EALS)-3, CHENNAI IN ITA NOS.42,43,44 & 45/2015-16/CIT(A)-3, CHENNAI DATED 30.09.2016 FOR ASSESSMENT YEARS 2007-08 TO 2010-11 AND ITA NOS.3419&3420/CHNY/2016 C.O.NOS.54&55/CHNY/2017 :- 2 -: CORRESPONDINGLY, THE ASSESSEE FILED CROSS OBJECTION S CHALLENGING THE REOPENING OF ASSESSMENTS ARE AGAINST THE ORDER OF L D.CIT(A), DATED 30.09.2016. 2. MR.AR.V.SREENIVASAN REPRESENTED ON BEHALF OF THE REVENUE AND MR.N.VIJAY KUMAR REPRESENTED ON BEHALF OF THE ASSES SEE. 3. SINCE BOTH THE APPEALS AND THE CROSS OBJECTIONS ARE INTERLINKED RELATING TO THE SAME ASSESSEE FOR THE S AME ASSESSMENT YEARS, THESE APPEALS AND CROSS OBJECTIONS ARE DISPO SED OF BY THIS COMMON ORDER. 4. ON PERUSING THE APPEAL OF REVENUE IN ITA NO.341 9/CHNY/2016, WE FIND THAT THE AO HAD FILED THE APPEAL WITH DELAY OF 4 DAYS. THE LEARNED AO HAS SUBMITTED A PETITION DATED 07.03 .2017 SEEKING CONDONATION OF DELAY, AND THE AO STATED IN THIS PE TITION THAT THE DELAY OF 04 DAYS IN FILING THE APPEAL BEFORE THIS TRIBUNA L IS ON ACCOUNT OF GETTING PAPERS FROM OTHER OFFICE AND AS SOON AS HE RECEIVED THE RECORDS, HE FILED THE APPEAL ON 20.12.2016. IN OUR OPINION, THE REASONS EXPLAINED BY THE AO FOR FILING THE APPEAL BELATEDLY IS BONAFIDE. ACCORDINGLY, THE DELAY IS CONDONED. ITA NOS.3419&3420/CHNY/2016 C.O.NOS.54&55/CHNY/2017 :- 3 -: 4.1 BOTH THE CROSS OBJECTIONS FILED BY THE ASSESSE E ARE DELAYED BY 51 DAYS FOR WHICH THE ASSESSEE HAD FILED AFFIDAVITS FOR CONDONATION OF DELAY OF 51 DAYS STATING THAT THE SAID DELAY IN FIL ING THE C.O IS NEITHER WILLFUL NOR DELIBERATE BUT DUE TO GET THE CONSENT D ELAYED FROM ITS COUNSEL SHRI T.BANUSEKAR C.A FOR FILING C.O., WHO W AS NOT IN CITY AND ALSO THE CIRCUMSTANCES BEYOND THE CONTROL OF PETITI ONER HEREIN. AFTER CONSIDERING THE SAME, WE ARE SATISFIED ABOUT THE RE ASONS ADVANCED BY THE LD.A.R FOR DELAY OF 51 DAYS IN FILING BOTH THE C.OS. ACCORDINGLY, THE DELAY IS CONDONED. 5. WHEN THE APPEALS OF REVENUE ARE TAKEN UP FOR HEA RING, THE REPRESENTATIVE OF THE REVENUE AND THE COUNSEL FOR T HE ASSESSEE FAIRLY SUBMITTED THAT THE TAX EFFECT INVOLVED IN THESE APP EALS OF REVENUE IS LESS THAN ` 20 LAKHS. IT WAS A SUBMISSION THAT THE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE T AX EFFECT IS LESS THAN ` 20 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINIO N THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN TH IS APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 6. IN RESPECT OF THE TWO CROSS-OBJECTIONS FILED BY THE ASSESSE, THE LD.AR DID NOT WISH TO PRESS THE SAME. ITA NOS.3419&3420/CHNY/2016 C.O.NOS.54&55/CHNY/2017 :- 4 -: CONSEQUENTLY, THE CROSS-OBJECTION FILED BY THE ASSE SSEE IS DISMISSED AS WITHDRAWN. 7. IN THE RESULT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED AND THE CROSS-OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSE D AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH NOVEMBER, 2018, AT CHENNAI. SD/ - SD/ - ( ) (S. JAYARAMAN) ' # /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) $ # / JUDICIAL MEMBER & / CHENNAI ' / DATED: 05 TH NOVEMBER, 2018. K S SUNDARAM ( ) *+ , +$ / COPY TO: 1 . / APPELLANT 3. ( ( - () / CIT(A) 5. +01 23 / DR 2. / RESPONDENT 4. ( ( - / CIT 6. 145 6 / GF