ITO, CHENNAI V. Drivestream India Private Ltd., CHENNAI

ITA 530/CHNY/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 9317 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 08-03-2016
• Court: TRIBUNAL
• Assessee Lawyers: S PONRAJ
• Section: 143(3); 10B

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI . , . !' , # % & [ BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER ] ./ I.T.A.NO.530/MDS/2016 / ASSESSMENT YEAR : 2011-12 THE INCOME TAX OFFICER CORPORATE WARD 1(4) CHENNAI VS. M/S DRIVESTREAM INDIA PVT. LTD NO.148, BHAWAN IT PARK, 4 TH FLOOR WEST WING, RAJIV GANDHI SALAI, OKKIYYAM, THORAIPAKKAM CHENNAI 97 [PAN AABCC 9933 E ] ( '( / APPELLANT) ( )*'( /RESPONDENT) / APPELLANT BY : SHRI GURU BASHYAM, JCIT /RESPONDENT BY : SHRI S. PONRAJ, CA / DATE OF HEARING : 12 - 05 - 2016 / DATE OF PRONOUNCEMENT : 12 - 05 - 2016 !' / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1, CHENNA I DATED 7.12.2016 IN I.T.A.NO.220/CIT(A)-1/2014-15 FOR ASSE SSMENT YEAR 2011-12. 2. FACTS ARE IN BRIEF THAT THE ASSESSEE-COMPANY IS EN GAGED IN THE BUSINESS OF DEVELOPMENT OF SOFTWARE. IT HAD FI LED THE RETURN OF ITA NO. 530/16 :- 2 -: INCOME BY DECLARING TOTAL INCOME OF ` 18,87,126/-. THE RETURN FILED BY THE ASSESSEE WAS PROCESSED U/S 143(1) OF THE ACT. THEREAFTER, THE CASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY AND ASSESSMENT WAS COMPLETED U/S 143(3) OF THE ACT. IN THE ASSESSMEN T ORDER, THE ASSESSING OFFICER HAS NOTED THAT THE ASSESSEE HAS SHOWN RECEIPT OF SOFTWARE EXPORT TO THE TUNE OF ` 6,26,73,488/- WHEREAS IN THE FIRCS FURNISHED BY THE ASSESSEE FOR SUCH EXPORT, THE INW ARD REMITTANCE MADE WAS ONLY ` 6,08,05,718/-. ACCORDINGLY, THE ASSESSING OFFICER ALLOWED THE CLAIM OF THE ASSESSEE U/S 10B TO THE EXTENT OF ` 6,08,05,718/-. THE ASSESSEE CARRIED THE MATTER IN APPEAL BEFORE THE CIT(A). IT WAS SUBMITTED BEFORE THE CIT(A) THAT TH E BALANCE AMOUNT OF ` 18,67,770/- [ ` 6,26,73,488 - ` 6,08,05,718] WAS RECEIVED WITHIN THE PERIOD OF SIX MONTHS AND ALL THE DETAILS WERE F ILED BEFORE THE CIT(A). THE CIT(A) AFTER CONSIDERING THE DETAILS F ILED BY THE ASSESSEE, DIRECTED THE ASSESSING OFFICER TO RECOMPUTE THE DED UCTION CLAIMED BY THE ASSESSEE. ON BEING AGGRIEVED, THE REVENUE IS I N APPEAL BEFORE THIS TRIBUNAL. 3. THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE CIT(A) HAS CONSIDERED FRESH MATERIAL FILED BY THE ASSESSEE IN VIOLATION OF THE PROVISIONS OF RULE 46A OF THE INCOME TAX RUL ES, AND DIRECTED THE ASSESSING OFFICER TO ALLOW THE CLAIM OF THE AS SESSEE. THEREFORE, THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER TO ITA NO. 530/16 :- 3 -: ADJUDICATE AFRESH BY CONSIDERING THE ADDITIONAL MAT ERIAL FILED BY THE ASSESSEE. 4. ON THE OTHER HAND, THE LD. COUNSEL FOR THE ASSESSEE HAS ACCEPTED FOR THE SAME. 5. IN VIEW OF THE ABOVE, WE SET ASIDE THE ORDER PASSED BY THE CIT(A) AND DIRECT THE ASSESSING OFFICER TO CONSIDER THE FRESH MATERIAL FILED BY THE ASSESSEE BEFORE THE CIT(A) AND DECIDE DE NOVO IN ACCORDANCE WITH LAW AFTER GIVING A REASONABLE OPPOR TUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLOW ED FOR STATISTICAL PURPOSES.. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH MAY, 2016, AT CHENNAI. SD/- SD/- ( # . $ % $ ) (A. MOHAN ALANKAMONY) !& / ACCOUNTANT MEMBER ' ( ' . ! ) ) ( V. DURGA RAO ) * !& / JUDICIAL MEMBER +* / CHENNAI ,! / DATED: 12 TH MAY, 2016 RD !''' -.'/. / COPY TO: ' 1 . / APPELLANT 4. ' 0 / CIT 2. / RESPONDENT 5. .1)' 2 / DR 3. ' 0'(3 / CIT(A) 6. )4'5 / GF