EXPO CENTURY LOGISTICS (P) LIMITED, CHENNAI V. ITO COMPANY WARD 11 (1), CHENNAI

ITA 504/CHNY/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7355 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 12-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R VAIDYANATHAN
• Keywords: Opportunity of being heard
• Section: 2

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI . . . , , $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.504/CHNY/2018 % % /ASSESSMENT YEAR: 2009-10 M/S.EXPO CENTURY LOGISTICS (P) LTD., 29 JOSIER STREET, NUNGAMBAKKAM, CHENNAI-600 034. [PAN: AABCE 3586 B] VS. THE INCOME TAX OFFICER, CORPORATE WARD-11(1), CHENNAI. ( ( /APPELLANT) ( )*( /RESPONDENT) ( + / APPELLANT BY : MR.R.VAIDYANATHAN, FCA )*( + /RESPONDENT BY : MR.ARV.SREENIVASAN, JCIT + /DATE OF HEARING : 17.07.2018 + /DATE OF PRONOUNCEMENT : 17.07.2018 / O R D E R PER S. JAYARAMAN , ACCOUNTANT MEMBER : THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(A)-13, CHENNAI, IN ITA N O.104/CIT(A)-13/AY 2009-10 DATED 09.11.2017. 2. M/S.EXPO CENTURY LOGISTICS (P) LTD., THE ASSESS EE, E-FILED ITS RETURN OF INCOME FOR THE AY 2009-10 DECLARING A TOTAL INCO ME AT RS.8,71,179/- ON 02.09.2009 WHICH WAS PROCESSED U/S.143(1). AGAINST THE ORDER ITA NO.504/CHNY/2018 :- 2 -: U/S.143(1), THE ASSESSEE PREFERRED RECTIFICATION AP PLICATION U/S.154 BEFORE THE AO, CONTENDING THAT THE INCOME ASSESSED BY THE AO WAS NOT IN ACCORDANCE WITH THE COMPUTATION OF INCOME SCHEDULE APPEARING IN THE E- FILED RETURN. THE AO VERIFIED THE ASSESSEES CLAIM AND REJECTED THE RECTIFICATION PETITION BY AN ORDER DATED 21.05.2013 . AGGRIEVED AGAINST THE ORDER, THE ASSESSEE FILED AN APPEAL BEFORE THE LD.C IT(A). THE LD.CIT(A) DISMISSED THE APPEAL. AGAINST THE ORDER OF THE LD. CIT(A), THE ASSESSEE FILED THIS APPEAL. 3. THE LD.AR SUBMITTED THAT THE LD.CIT(A) FAILED TO APPRECIATE THAT THE INCOME ASSESSED BY THE AO WAS NOT IN ACCORDANCE WIT H THE COMPUTATION OF TOTAL INCOME AND THE AUDITED FINANCIALS FILED ELECT RONICALLY. HE INVITED OUR ATTENTION TO ITEM NO.36 UNDER SCHEDULE-B COMPUTATI ON OF INCOME FROM BUSINESS OR PROFESSION IN ITR-6, WHEREIN, THE NET LOSS FROM BUSINESS OR PROFESSION WAS SHOWN AT (-)RS.8,71,179/-. HOWEVER, IN ITEM NO.37 OF THE ITR-6, THE MINUS SIGN WAS OMITTED TO BE INCORPORATE D. THE AO WITHOUT VERIFYING THE COMPUTATION OF TOTAL INCOME AND AUDIT ED FINANCIALS ETC., WHICH HAVE BEEN FILED ELECTRONICALLY, COMPUTED THE TOTAL INCOME AT RS.8,71,180/- INSTEAD OF (-)RS.8,71,180/- AND HENCE PLEADED THAT THE INCOME OF THE ASSESSEE SHOULD BE DETERMINED AT A LO SS OF RS.8,71,180/-. PER CONTRA, THE LD.DR SUPPORTED THE ORDER OF THE LD .CIT(A). 4. WE HEARD THE RIVAL SUBMISSIONS. APPARENTLY, THE RE APPEARS TO BE MISTAKE IN ENTERING THE FIGURES IN THE ITR-6. IN T HE FACTS AND ITA NO.504/CHNY/2018 :- 3 -: CIRCUMSTANCES, WE DEEM IT FIT TO REMIT THIS ISSUE B ACK TO THE AO FOR A FRESH EXAMINATION. THE AO SHALL VERIFY ALL THE DOCUMENTS FILED BY THE ASSESSEE AND AFTER GIVING OPPORTUNITY OF BEING HEARD TO THE ASSESSEE WOULD DETERMINE THE CORRECT TOTAL INCOME, AFRESH, TAKING INTO ACCOUNT ALL THE PARTICULARS FILED BY THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH JULY, 2018, IN CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) ( S. JAYARAMAN ) /ACCOUNTANT MEMBER /CHENNAI, 1 /DATED: 17 TH JULY, 2018. TLN + )23 43 /COPY TO: 1. ( /APPELLANT 4. 5 /CIT 2. )*( /RESPONDENT 5. 3 ) /DR 3. 5 ( ) /CIT(A) 6. % /GF