ACIT, Cochin V. IAL CONTAINER LINE (INDIA) LIMITED, Cochin

ITA 524/COCH/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 0988 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2013
• Appeal Filed By: Department
• Bench Allotted: DB
• Assessment Year: 2002-2003
• Appeal Filed On: 04-07-2011
• Court: TRIBUNAL
• Department Lawyers: M ANIL KUMAR
• Assessee Lawyers: RAM GOPAL SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND B.R.BASKAR AN, AM I.T.A NOS. 524 & 585/COCH/2011 ASSESSMENT YEARS:2002-03 & 2003-04 1. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(2), KOCHI. 2. THE JT. CIT(OSD), CIRCLE- 1(2), KOCHI. VS. IAL CONTAINER LINE(INDIA) LTD., 6 TH FLOOR, METRO PLAZA, MARKET ROAD, COCHIN-14. [PAN: AAACI 5751P] (REVENUE-APPELLANT) (ASSESSEE- RESPONDENT) REVENUE BY SHRI M. ANIL KUMAR, CIT(DR) ASSESSEE BY SHRI RAMGOPAL SHARMA, CA DATE OF HEARING 19/12/2012 DATE OF PRONOUNCEMENT 15/02/2013 O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THESE TWO APPEALS CHALLENGIN G THE ORDERS PASSED BY LD CIT(A)-II, KOCHI AND THEY RELATE TO THE ASSESSMENT YEARS 2002-03 AND 2003-04. THE REVENUE IS ASSAILING THE DECISION OF LD CIT(A) IN D ELETING ALL THE ADDITIONS MADE BY THE ASSESSING OFFICER. 2. AT THE TIME OF HEARING, BOTH THE PARTIES ADM ITTED THAT IDENTICAL ISSUES WERE CONSIDERED BY THIS BENCH IN THE CASE OF M/S I.A.L. SHIPPING AGENCIES (KOCHI) LTD IN ITA NO.79/COCH/2011 RELATING TO THE ASSESSMENT YEAR 200 2-03 AND THE TRIBUNAL, UNDER IDENTICAL SET OF FACTS, TOOK THE VIEW THAT ALL THE ISSUES NEED TO BE EXAMINED AT THE END OF THE ASSESSING OFFICER. ACCORDINGLY, THE TRIBUNA L, VIDE ITS ORDER DATED 20-07-2012, SET ASIDE THE ORDER PASSED BY LD CIT(A) IN THE ABOVE CI TED CASE AND RESTORED ALL THE MATTERS TO THE FILE OF THE ASSESSING OFFICER. I.T.A. NOS. 524 & 585/COCH/2011 2 3. BEFORE US, THE LD COUNSEL FOR THE ASSESSEE S UBMITTED THAT THE ASSESSING OFFICER HAS SIMPLY COPIED THE ASSESSMENT ORDER PASSED IN TH E CASE OF I.A.L. SHIPPING AGENCIES (KOCHI) LTD, REFERRED SUPRA. HE SUBMITTED THAT THE LD CIT(A) HAS ALSO OBSERVED THAT THE ASSESSING OFFICER HAS PASSED THE ORDER WITHOUT APPL ICATION OF MIND. HE SUBMITTED THAT THE IMPUGNED ISSUE WAS EXAMINED IN DETAIL BY THE MU MBAI BENCH OF THE TRIBUNAL IN THE CASE OF I.A.L. SHIPPING AGENCIES (MUMBAI) LTD IN IT A NO.3910/MUM/2005 DATED 28-08- 2008 AND DECIDED THE ISSUES IN FAVOUR OF THE ASSESS EE. ACCORDINGLY, HE SUBMITTED THAT THE SAID DECISION OF THE MUMBAI TRIBUNAL MAY BE FOL LOWED IN THE INSTANT CASE ALSO. 4. ON THE CONTRARY, THE LD D.R SUBMITTED THAT T HE TRIBUNAL, UNDER IDENTICAL SET OF FACTS IN THE CASE OF I.A.L. SHIPPING AGENCIES (KOCH I) LTD, HAS TAKEN A DECISION THAT THE ENTIRE ISSUES NEED TO BE EXAMINED AFRESH AT THE END OF THE ASSESSING OFFICER. IN THE INSTANT CASE ALSO, NO PREJUDICE WOULD BE CAUSED TO THE ASSESSEE BY SETTING ASIDE THE ISSUES TO THE FILE OF THE AO. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND CARE FULLY PERUSED THE RECORD. ADMITTEDLY, THE ASSESSING OFFICER HAS FOLLOWED THE ASSESSMENT O RDER PASSED IN THE HANDS OF M/S I.A.L. SHIPPING AGENCIES (KOCHI) LTD IN THE IMPUGNE D YEARS. THUS, IT IS PROVED THAT THE FACTS AND CIRCUMSTANCES PREVAILING IN THE INSTANT C ASES ARE IDENTICAL WITH THE CASE OF I.A.L. SHIPPING AGENCIES (KOCHI) LTD. THE TRIBUNAL , VIDE ITS ORDER DATED 20-07-2012, PASSED IN THE HANDS OF THE ABOVE SAID COMPANY HAS S ET ASIDE ALL THE ISSUES TO THE FILE OF THE ASSESSING OFFICER FOR THE DETAILED REASON STATE D IN THAT ORDER. HENCE, IN THE INSTANT CASES ALSO, WE ARE OF THE VIEW THAT ALL THE ISSUES NEED TO BE EXAMINED AFRESH IN THE LIGHT OF DISCUSSIONS MADE BY THE TRIBUNAL IN THE CA SE OF I.A.L. SHIPPING AGENCIES (KOCHI) LTD IN IS ORDER DATED 20-07-2012. ACCORDINGLY, WE SET ASIDE BOTH THE ORDERS PASSED BY LD CIT(A) AND RESTORE ALL THE ISSUES TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO EXAMINE ALL THE ISSUES AFRESH AND TAKE APPROPRIA TE DECISION IN ACCORDANCE WITH THE LAW. I.T.A. NOS. 524 & 585/COCH/2011 3 6. IN THE RESULT, BOTH THE APPEALS OF THE REVEN UE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED ACCORDINGLY ON 15 -02-2013 SD/- SD/- (N.R.S.GANESAN) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 15TH FEBRUARY, 2013 GJ COPY TO: 1. IAL CONTAINER LINE(INDIA) LTD., 6 TH FLOOR, METRO PLAZA, MARKET ROAD, COCHIN-14. 2. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -1(2), KOCHI. 3. THE JT. CIT(OSD), CIRCLE-1(2(, KOCHI. 4. THE COMMISSIONER OF INCOME-TAX (APPEALS)-II, KOC HI. 5. THE COMMISSIONER OF INCOME-TAX, KOCHI. 6. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 7. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T, COCHIN