M/s.Amalgam Nutrients & Feeds Ltd, Kochi V. The DCIT, Cir-1(1), Kochi

ITA 429/COCH/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6685 (ITAT-COCHIN)
• Duration Of Justice: 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-04-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 18-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU
• Keywords: Set aside

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFOR E S/ SHRI CHANDRA POOJARI , AM & GEORGE GEORGE K., J M I .T . A. NO . 429/COCH/2 018 ASSESSMENT YEAR : 2008 - 09 M/S. AMALGAM NUTRIENTS & FEEDS LTD., AMALGAM HOUSE, BRISTOW ROAD, WILLINGGDON ISLAND, KOCHI - 3. VS. THE DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE - 1(1), KOCHI. (ASSESSEE - APPELLANT) (REVENUE - RESP ONDENT) A SSESSEE BY SHRI R. SREENIVASAN, CA REVENUE BY SMT. A.S. BINDHU, SR. DR D ATE OF HEARING 06/05/2019 DATE OF PRONOUNCEMENT 06 / 0 5 /201 9 O R D E R PER CHANDR A POOJARI, AM: TH IS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A) - I, KOCHI DATED 07/08/2018 AND PERTAIN TO THE A SSESSMENT YEAR 2008 - 09. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEA L: 1) THE OFFICERS BE LOW WERE NOT JUSTIFIED IN TREATING THE CLAIM ARISING AS CAPITAL GAIN INSTEAD OF BUSINESS AS CLAIMED BY THE APPELLANT. 2) THE CIT(A) HAS NOT PROPERLY APPRECIATED THE WORKING AND EXPLANATION GIVEN BY APPELLANT DURING THE COURSE OF HEARING. 3) AT ANY RATE T HE FIRST APPELLATE AUTHORITY SHOULD HAVE SET ASIDE THE ISSUE TO THE ASSESSING OFFICER. I.T.A. NO . 429/COCH/2018 2 3. AT THE TIME OF HEARING, THE LD. AR DID NOT PRESS THE ABOVE GROUNDS AND HENCE, THEY ARE DISMISSED AS NOT PRESSED. 4 . IN THE RESULT, THE APPEAL FILED BY THE ASSES SE E IS DISMISSED, ORDER PRONOUNCED IN THE OPEN COURT ON THIS 6 TH MAY, 2019 SD/ - SD/ - (GEORGE GEORGE K.) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 6 TH MAY, 2019 GJ COPY TO: 1 . M/S. AMALGAM NUTRIENTS & FEEDS LTD., AMALGAM HOUSE, BRISTOW ROAD, WILLINGGDON ISLAND, KOCHI - 3. 2. THE DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE - 1(1) , KOCHI. 3 . THE COMMISSIONER OF INCOME - TAX (AP P EALS) - I, KOCHI. 4. THE PR. COMMISSIONER OF INCOME - TAX, KO CHI. 5 . D. R., I.T.A.T., COCHIN BENCH, COCHIN. 6 . GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN I.T.A. NO . 429/COCH/2018 3 DATE 1. DRAFT ORDER DICTATED ON 06/05/2019 SR.PS 2. DRAFT ORDER PLACED BEFORE AUTHOR 0 6/05/2019 AM 3. APPROVED DRAFT COMES BACK 06/05/2019 SR. PS 4. FAIR ORDER PLACED BEFORE THE AUTHOR . A M 5. FAIR ORDER PLACED BEFORE THE SECOND MEMBER FOR SIGNATURE 06/05/2019 JM 6. P RONOUNCEMENT ON 06/05/2019 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.