ACIT, CHENNAI V. M/s. Best Safety P. Ltd., West Bengal

ITA 635/CHNY/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 4737 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 11-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K P GOPAKUMAR JT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C, CHENNAI B E F O R E DR. O.K.NARAYANAN, VICE PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER .. ITA NO.635(MDS)/2011 ASSESSMENT YEAR: 2005-06 THE ASSISTANT COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE I(2), CHENNAI. VS. M/S.BEST SAFETY P. LTD., PLOT NO.25, SECTOR 2, SALTA SPECIAL ECONOMIC ZONE, 24-PARAGNAS SOUTH, WEST BENGAL-743 504. PAN AABCB7497E. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.P.GOPAKUMAR , JT.CIT RESPONDENT BY: NONE. O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT: THIS APPEAL IS FILED BY THE REVENUE. THE RELEVAN T ASSESSMENT YEAR IS 2005-06. THE APPEAL IS DIRECTED AGAINST THE - - ITA NO.635(MDS)/20 11 2 ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-I II AT CHENNAI DATED 14-1-2011 AND ARISES OUT OF THE ASSES SMENT COMPLETED UNDER SECTIONN143(3) OF THE INCOME-TAX AC T, 1961. 2. WHEN THE MATTER WAS CALLED ON FOR HEARING, SHRI K.P.GOPAKUMAR, THE LEARNED JOINT COMMISSIONER OF IN COME-TAX, APPEARED FOR THE REVENUE. THERE WAS NO APPEARANCE FOR THE RESPONDENT-ASSESSEE IN SPITE OF NOTICE. IN THESE C IRCUMSTANCES, THIS MATTER IS DISPOSED OF EX PARTE, QUA, THE ASSES SEE. 3. THE GROUND RAISED BY THE REVENUE IN THIS APPEAL IS THAT THE COMMISSIONER OF INCOME TAX (APPEALS) HAS E RRED IN DIRECTING THE ASSESSING OFFICER TO EXCLUDE THOSE IT EMS FROM THE TOTAL TURNOVER WHICH HAVE BEEN EXCLUDED FROM EXPORT TURNOVER OF THE ASSESSEE. 4. THE COMMISSIONER OF INCOME TAX (APPEALS) HAS HELD THAT THERE SHOULD BE CORRESPONDING EXCLUSION F ROM THE TOTAL TURNOVER AS WELL, RELYING ON THE SPECIAL BENCH DECI SION OF THE TRIBUNAL, CHENNAI IN THE CASE OF ITO VS. SAK SOFT L TD., 313 ITR (AT) 353. 5. THEREFORE, WE HAVE TO SEE THAT THE COMMISSIONER OF INCOME TAX (APPEALS) WAS FOLLOWING THE DECISION OF THE SPECIAL - - ITA NO.635(MDS)/20 11 3 BENCH OF THE TRIBUNAL, WHICH IS BINDING ON HIM, AND , THEREFORE, HIS ORDER CANNOT BE HELD TO BE ERRONEOUS. IN VIEW OF THIS MATTER, WE FIND THAT THE APPEAL FILED BY THE REVENUE IS LIA BLE TO BE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON MONDAY, THE 18TH DAY OF JULY, 2011 AT CH ENNAI. SD/- SD/- (HARI OM MARATHA) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 18 TH JULY, 2011. V.A.P. COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT (4) CIT(A) (5) D.R. (6) G.F.