The ACIT, Corp Circle-2(1), Kochi, Kochi V. M/s.V Guard Industries Ltd, Kochi, KOchi

ITA 503/COCH/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3359 (ITAT-COCHIN)
• Duration Of Justice: 2 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 02-12-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 14-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU
• Keywords: Reopening of assessment
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM ITA NO. 503 /COCH/201 7 : ASST.YEAR 2009 - 2010 THE ASST.COMMISSIONER OF INCOME - TAX, CORP.CIRCLE 2(1) KOCHI. VS. M/S.V GUARD INDUSTRIES LIMITED, 33, 2905F VENNALA HIGH SCHOOL ROAD, VENNALA KOCHI 682 018. PAN : AAACV5492Q . (APPELLANT) (RESPONDENT) APPELLANT BY : SMT.A.S.BINDHU, SR.DR RESPONDENT BY : SRI.ANIL D.NAIR, ADVOCATE DATE OF HEARING : 02.12 .2019 DATE OF PRONOUNCEMENT : 02 . 02 .2019 O R D E R PER GEORGE GEORGE K, JM : THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST CIT(A)S ORDER DATED 07.06.2017. THE RELEVANT ASSESSMENT YEAR IS 2009 - 2010. THE ORDER OF THE CIT(A) ARISES OUT OF THE ORDER OF THE ASSESSING OFFICER (DATED 26.03.2015) PASSED U/S 143(3) R.W.S. 147 OF THE I.T.ACT. 2. IN THE IMPUGNED ORDER BOTH ISSUES, NAMELY , (I) REOPENING OF ASSESSMENT IS INVALID, AND (II) ON MERITS, WERE DECIDED IN FAVOUR OF THE ASSESSEE BY THE CIT(A). HOWEVER, WE NOTICE IN THE GROUNDS RAISED BY THE REVENUE BEFORE THE ITAT, ONLY GROUNDS RELATING TO THE MERITS HAVE BEEN RAISED. WE HAD GIVEN A DEQUATE OPPORTUNITY TO THE DEPARTMENT TO CORRECT THE GROUNDS . T HIS CASE HAS BEEN ADJOURNED FROM FEBRUARY 2018 ITA NO. 503 / COCH /201 7 M/S.V GUARD INDUSTRIES LIMITED. 2 FOR CORRECTION OF THE GROUNDS BY THE REVENUE. W E FIND THAT THE REVENUE HAS NOT C ORRECTED ITS GROUNDS OF APPEAL. SINCE THERE IS NO GROUND S CHALLENG ING THE DECISION OF THE CIT(A) FOR HOLDING THAT THE REASSESSMENT IS BAD IN LAW, NO PURPOSE WOULD BE SERVED BY DECIDING THIS APPEAL OF THE DEPARTMENT ON MERITS ALONE . ACCORDINGLY, THIS APP EAL OF THE REVENUE IS DISMISSED , IN LIMINE. 3 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED ON THIS 02 ND DAY OF DECEMBER , 2019 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN ; DATED : 02 ND DECEMBER , 2019 . DEV A DAS G * COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - I , KOCHI. 4. THE PR.CIT - I, KOCHI. 5. THE DR, ITAT, COCHIN 6 . GUARD FILE.