ACIT, CHENNAI V. Shri Mukesh Kumar Jain, CHENNAI

ITA 346/CHNY/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 61035 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 17-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYARA GAVAN IRS
• Assessee Lawyers: N VIJAY KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER I.T.A. NO.345/MDS/2012 ASSESSMENT YEAR : 2003-04 THE ASST. COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-V(2), CHENNAI. VS. SMT. SURAJ KUMARI JAIN, NO.46, DEWAN RAMA ROAD, PURASAWALAKM, CHENNAI 600 084. PAN AAWPS 6945 G (APPELLANT) (RESPONDENT) I.T.A. NO.346/MDS/2012 ASSESSMENT YEAR : 2003-04 THE ASST. COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-V(2), CHENNAI. VS. SHRI MUKESH KUMAR JAIN, NO.46, DEWAN RAMA ROAD, PURASAWALAKM, CHENNAI 600 084. PAN AAJPM 5477 E (APPELLANT) (RESPONDENT) APPELLANTS BY : SHRI JAYARA GAVAN, IRS, JCIT RESPONDENT BY : SHRI N. VIJAY KUMAR, CA DATE OF HEARING : 3 RD MAY, 2012 DATE OF PRONOUNCEMENT : 3 RD MAY, 2012 O R D E R PER DR. O.K.NARAYANAN, VICE PRESIDENT THESE TWO APPEALS ARE FILED BY THE REVENUE IN RESP ECT OF TWO DIFFERENT ASSESSEES. THE RELEVANT ASSESSMENT Y EAR IS 2003- ITA 345 & 346/12 :- 2 -: 04. THE APPEALS ARE DIRECTED AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-V AT CHENNAI D ATED 30.11.2011. THEY ARISE OUT OF THE ASSESSMENTS COMP LETED UNDER SEC.144 READ WITH SEC.263 OF THE INCOME-TAX ACT, 19 61. 2. THE IMPUGNED ASSESSMENTS HAVE BEEN COMPLETED BY THE ASSESSING AUTHORITY IN VIEW OF THE DIRECTIONS ISSUE D BY THE COMMISSIONER OF INCOME-TAX IN THE ORDERS PASSED BY HIM UNDER SEC.263. THE SAID ORDERS PASSED BY THE COMMISSIONE R UNDER SEC.263 HAVE BEEN SET ASIDE BY THE TRIBUNAL, IN THE APPEALS FILED BY THE ASSESSEES. CONSEQUENTLY, THE COMMISSIONER O F INCOME- TAX(APPEALS) ACCEPTED THE CONTENTIONS OF THE ASSESS EES ON THE GROUNDS RELATING TO THE ADDITIONS MADE BY THE ASSES SING AUTHORITY IN THE LIGHT OF THE DECISION OF THE TRIBUNAL. IT I S AGAINST THE ABOVE THAT THE REVENUE HAS COME IN APPEAL BEFORE US. 3. THE GROUND RAISED BY THE REVENUE IS THAT THE DEC ISION OF THE TRIBUNAL IN ITA NO.486MDS/2010 DATED 29.7.2011 HAS NOT BECOME FINAL AND IT HAS TAKEN UP THE MATTER BEFORE THE HONBLE HIGH COURT OF MADRAS. ITA 345 & 346/12 :- 3 -: 4. AS THE MATTER STANDS NOW, THE COMMISSIONER OF IN COME- TAX(APPEALS) HAS RIGHTLY FOLLOWED THE ORDER OF THE TRIBUNAL AND GRANTED RELIEF TO THE ASSESSEES. THEREFORE, HIS OR DER IS SUSTAINABLE IN LAW. OBVIOUSLY, THESE TWO APPEALS F ILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. ORDERS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY, THE 3 RD OF MAY, 2012 AT CHENNAI. SD/- SD/- (CHALLA NAGENDRA PRASAD) JUDICIAL MEMBER (DR. O.K.NARAYANAN) VICE-PRESIDENT CHENNAI, DATED THE 3 RD MAY, 2012 MPO* COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR