DCIT, Ernakulam V. M/sHotel Royal park, Cochin

ITA 602/COCH/2013

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 9936 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2015
• Appeal Filed By: Department
• Bench Allotted: DB
• Next Hearing Date: 07-05-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 17-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M ANIL KUMAR
• Assessee Lawyers: K P PAULSON
• Keywords: Difference of opinion
• Section: 255(4); 153C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI V.DURGA RAO, JM AND B.R.BASKARAN , AM I.T.A. NOS.601-603/COCH/2013 ASSESSMENT YEARS : 2005-06 TO 2007-08 THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, ERNAKULAM. VS. M/S. ROYALE PARK, 34/1860C, KALPAKA APARTMENTS, PALARIVATTOM, KOCHI. [PAN: AADFH 0468C] (REVENUE-APPELLANT) (ASSESSEE-RESPONDENT) C.O. NOS. 1-3/COCH/2014 (ARISING OUT OF I.T.A. NOS. 601-603/COCH/2013) ASSESSMENT YEARS : 2005-06 TO 2007-08 M/S. ROYALE PARK, 34/1860C, KALPAKA APARTMENTS, PALARIVATTOM, KOCHI. [PAN: AADFH 0468C] VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, ERNAKULAM. (ASSESSEE-APPELLANT) (REVENUE-RESPONDENT) REVENUE BY SHRI M. ANIL KUMAR, CIT(DR) ASSESSEE BY SHRI K.P. PAULSON DATE OF HEARING 07/05/2015 DATE OF PRONOUNCEMENT 07/05/2015 I.T.A. NOS.601-603/COCH/2013 & C.O. NOS. 1-3/COCH/2014 2 O R D E R PER V. DURGA RAO, J.M: 1. SINCE THERE WAS A DIFFERENCE OF OPINION BETWEEN THE TWO MEMBERS CONSTITUTING THE DIVISION BENCH OF ITAT, COCHIN, THE MAT TER WAS REFERRED TO THE THIRD MEMBER BY THE HONBLE PRESIDEN T U/S. 255(4) OF THE ACT. THE LD. THIRD MEMBER HAS FRAMED FOLLOWING QUESTION AFTER THE CONSENT OF BOTH THE PARTIES IN APPEAL:- 1. WHETHER THE PROCEEDINGS U/S. 153C OF THE ACT WERE V ALIDLY INITIATION AGAINST THE ASSESSEE FOR A.Y. 05-06 & 06- 0 7? 2. WHETHER THE ADDITION MADE TO THE TOTAL INCOME O N ACCOUNT OF INCOME GENERATED ON SALE OF LIQUOR NOT RECORDED IN TH E BOOKS (SUPPRESSED SALE OF LIQUOR) FOR A.Y. 07-08 CAN BE SUSTAIN ED? THE HONBLE THIRD MEMBER HAS AGREED WITH THE VIEW TA KEN BY THE HONBLE JUDICIAL MEMBER IN RESPECT OF BOTH THE QUESTIONS REFERRED ABOVE. ACCORDINGLY, AS PER THE MAJORITY VIEW, BOTH TH E ISSUES CITED ABOVE ARE DECIDED IN FAVOUR OF THE ASSESSEE. I.T.A. NOS.601-603/COCH/2013 & C.O. NOS. 1-3/COCH/2014 3 2. IN THE RESULT, ALL THE APPEALS FILED BY THE REVENU E ARE DISMISSED AND THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 7 TH DAY OF MAY, 2015. SD/- SD/- (B.R. BASKARN) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: KOCHI DATED: 7TH MAY, 2015 GJ COPY TO: 1. M/S. ROYALE PARK, 34/1860C, KALPAKA APARTMENTS, PAL ARIVATTOM, KOCHI. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCL E-1, ERANKULAM. 3. THE COMMISSIONER OF INCOME-TAX (APPEALS)-I, KOCHI. 4. THE COMMISSIONER OF INCOME-TAX, CENTRAL, KOCHI. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) ITAT, COCHIN