DCIT CORPORATE CIRCLE 1, COIMBATORE V. M/S TRIDENT SUGARS LTD, COIMBATORE

ITA 589/CHNY/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4114 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 19-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Difference of opinion; Condonation of delay; Change of opinion

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , ! . , ! ' BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.589/CHNY/2018 /ASSESSMENT YEAR: 2008-09 THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-1, 63-A, RACE COURSE ROAD, COIMBATORE. VS. M/S.TRIDENT SUGARS LTD., THE UFFIZI, 338, AVINASHI ROAD, NO.8, BADRAKALIAMMAN KOVIL ROAD, NELLITHURAI POST, METTUPALAYAM, COIMBATORE-641 305. [PAN: AABCT 6775 H] ( ) /APPELLANT) ( *+) /RESPONDENT) DEPARTMENT BY : MR.SRIDHAR DORA, JCIT ASSESSEE BY : NONE - /DATE OF HEARING : 12.03.2019 - /DATE OF PRONOUNCEMENT : 12.03.2019 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1, COIMBATORE, IN APPEAL NO.215/15-16 DATED 21.11.2017 FOR THE AY 2008-09. 2. SHRI SRIDHAR DORA, JCIT, REPRESENTED ON BEHALF O F THE REVENUE AND NONE REPRESENTED ON BEHALF OF THE ASSESSEE. ITA NO.589/CHNY/2018 :- 2 -: 3. IT WAS INTIMATED BY THE LD.DR THAT THE APPEAL FI LED BY THE REVENUE IS DELAYED BY 13 DAYS AND THE REVENUE HAS FILED A L ETTER SEEKING CONDONATION OF DELAY OF 14 DAYS. HOWEVER, THE REVE NUE HAS NOT FILED ANY AFFIDAVIT SEEKING CONDONATION OF DELAY. CONSEQUENT LY, THE DELAY IN FILING OF THE APPEAL BY THE REVENUE IS NOT CONDONED AND THE A PPEAL OF THE REVENUE IS DISMISSED IN LIMINE. 4. EVEN ON MERITS, IT WAS SUBMITTED BY THE LD.DR TH AT THE REVENUE HAS CHALLENGED THE ACTION OF THE LD.CIT(A) IN QUASHING THE ASSESSMENT ON ACCOUNT OF THE REASONS RECORDED FOR RE-OPENING TO B E ON THE BASIS OF CHANGE OF OPINION . THE LD.DR VEHEMENTLY SUPPORTED THE ORDER OF THE AO. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. 6. A PERUSAL OF THE ORDER OF THE LD.CIT(A) SHOWS TH AT THE REASONS FOR RE-OPENING HAS BEEN EXTRACTED IN PARA NO.2 IN PAGE NO.2 OF THE ORDER OF THE LD.CIT(A). THE AY YEAR INVOLVED IS 2008-09. T HE ASSESSEE HAD FILED RETURN OF INCOME FOR THE AY ON 26.09.2008. THE SAM E WAS PROCESSED AND THE ASSESSMENT CAME TO BE COMPLETED U/S.143(3) ON 3 1.12.2010. A NOTICE U/S.148 HAS BEEN ISSUED ON THE ASSESSEE ON 3 1.03.2015 CLEARLY BEYOND FOUR YEARS FROM THE END OF THE RELEVANT AY. THE REASONS RECORDED BY THE AO CLEARLY SHOWS THAT THERE IS NO MENTION OF FAILURE ON THE PART OF THE ASSESSEE TO DISCLOSE TRULY AND FULLY ALL MATERI AL FACTS REQUIRED FOR HIS ASSESSMENT. IN FACT, AS HAS BEEN RIGHTLY RECORDED BY THE LD.CIT(A), NO ITA NO.589/CHNY/2018 :- 3 -: NEW FACTS HAVE COME TO THE NOTICE OF THE AO AND CON SEQUENTLY, THE RE- OPENING IS ONLY ON THE BASIS OF CHANGE OF OPINION. THIS BEING SO, ON THIS GROUND ALSO, WE DO NOT FIND ANY ERROR IN THE ORDER OF THE LD.CIT(A) AND THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISS ED AND WE DO SO. 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 12 TH DAY OF MARCH, 2019, IN CHENNAI. SD/- SD/- ( ) ( S. JAYARAMAN ) ! /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) ! /JUDICIAL MEMBER /CHENNAI, 2 /DATED: 12 TH MARCH, 2019. TLN - *34 54 /COPY TO: 1. ) /APPELLANT 4. 6 /CIT 2. *+) /RESPONDENT 5. 4 * /DR 3. 6 ( ) /CIT(A) 6. /GF