C. Sabira, Kannur V. CIT, Kannur

ITA 364/COCH/2009

• Counselvise Citation: 36421914 RSA 2009
• Duration Of Justice: 2 year(s) 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2011
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 16-06-2009
• Court: TRIBUNAL
• Department Lawyers: S R SENAPATI
• Assessee Lawyers: V P MOHANDAS
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.VIJAYAKUMARAN & SHRI SANJAY ARORA I.T.A.NO.364/COCH/2009 ASSESSMENT YEAR:2006-07 SMT. C. SABIRA, MANZOOR HOSPITAL, KANHANGAD. PAN :AJJPS 8451K VS. THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE- 2(1),KANNUR. (APPELLANT) ( RESPONDENT ) APPELLANT BY SHRI V.P.MOHANDAS, C.A. RESPONDENT BY SHRI S.R.SENAPATI, SR.DR DATE OF HEARING 09 - 0 8 - 2011 DATE OF PRONOUNCEMENT 10 - 08 - 2011 O R D E R PER N.VIJAYAKUMARAN,J.M: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME-TAX, KANNUR , DATED 21-04-2009 PASSED UNDER SECTION 263 OF THE I.T.ACT, 1961. THE ASSESSMENT YEAR INVOLVED IS 2006-07. 2. WE HEARD THE LD. COUNSEL FOR THE ASSESSEE AND T HE LD. SR.D.R. FOR THE REVENUE AND CONSIDERED THEIR SUBMIS SIONS CAREFULLY. THE LD. COUNSEL FOR THE ASSESSEE REITER ATED THE VERY SAME SUBMISSIONS MADE BEFORE THE LD. COMMISSIO NER OF ITA NO. 364/COCH/2009 2 INCOME-TAX AND FURTHER SUBMITTED THAT FAILURE TO MA KE ENQUIRE THE MATTER WILL NOT ATTRACT 263 ACTION AS P ER THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE O F MALABAR INDUSTRIAL CO. LTD. VS. CIT - 243 ITR 83(SC ). HE FURTHER RELIED ON THE DECISION ON THE HONBLE ALLAH ABAD HIGH COURT IN THE CASE OF CIT VS. MAHENDRA KUMAR BANSAL [2008] 297 ITR 99(ALL) AND THE DECISION OF THE HONBLE RAJASTHAN HIGH COURT IN THE CASE OF CIT VS. GANPAT RAM BISHNO I - 296 ITR 292 (RAJ.) AND THE DECISION OF THE COCHIN BENCH REPORTED IN 12 DTR 87 (COCHIN). ON THE OTHER HAND THE LD. SR.DR RELIED ON THE DECISION OF THE SUPREME COURT I N THE CASE OF RAMPYARI DEVI SARAOGI VS. CIT - 67 ITR 84 AND THE DECISION OF THE SUPREME COURT IN THE CASE OF CIT VS . MCMILLAN & CO. - 33 ITR 182. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS WE ARE O F THE VIEW THAT THE ORDER PASSED U/S.263 IS QUITE JUSTIFI ED AS THE LD. COMMISSIONER OF INCOME-TAX HAS DIRECTED THE ASS ESSING OFFICER TO VERIFY THE CLAIM OF VARIOUS EXPENDITURES AND THE ASSESSMENT ORDER COMPLETED IS IN A SUMMARY MANNER A ND WITHOUT PROPER ENQUIRY AND VERIFICATION. THE ASSESSING OFFICER IN HIS ORDER U/S.143(3) DATED 06-11-2008 NE VER DISCUSSED NOR MADE ANY ENQUIRY ON THE NET PROFIT SH OWN WITH REFERENCE TO GROSS RECEIPT. HE SIMPLY ACCEPTED TH E ITA NO. 364/COCH/2009 3 ASSESSEES OFFER TO THE ADDITIONAL INCOME OF ERROR: UNDEFINED OFFENDING COMMAND: RUPEE STACK: / INDIAN