Industrial Paint Mfg. Co. (I) Pvt. Ltd., Kolkata V. CIT, Kol - IV, Kolkata, Kolkata

ITA 646/KOL/2010

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 5493 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2010
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 01-04-2010
• Court: TRIBUNAL
• Department Lawyers: MRS BANANI GHOSH LD DRCIT
• Assessee Lawyers: T K BANERJEE LD
• Section: 263

Judgement Text

ITA NO. 646/KOL/2010 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA () . . , , ! . '. # '$ , ,, , ) [BEFORE HONBLE SRI B.R.MITTAL, JM & HONBLE SRI B. K. HALDAR, AM] !% / I.T.A NO. 646/KOL/2010 &' () / ASSESSMENT YEAR : 2005-06 M/S. INDUSTRIAL PAINT MFG. CO.(I) PVT. LTD. -VS- COMMISSIONER OF INCOME-TAX PAN: AAAC 17249C KOLKATA IV, KOLKATA (+, /APPELLANT ) (-.+,/ RESPONDENT ) +, / FOR THE APPELLANT : / / SHRI T.K. BANERJEE, LD.AR -.+, / FOR THE RESPONDENT : /MRS. BANANI GHOSH, LD.DR/CIT '0 / ORDER . .. .' '' ' . .. .# # # #, , , , '$ , ,, , SHRI B.K.HALDAR, ACCOUNTANT MEMBER . : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX, KOLKATA IVDATED 29-01-2010 PASSED U /S.263 OF THE ACT FOR THE ASSESSMENT YEAR 2005-06. 2. THE APPELLANT HAS TAKEN FOLLOWING GROUNDS OF APP EAL:- 3. THE MAIN CONTENTION OF THE APPELLANT IS THAT THE LD.CIT DEVIATED FROM THE GROUNDS ON WHICH PROCEEDING U/S. 263 WAS INITIATED BY HIM. IN THE ABOVE CIRCUMSTANCES, IT WAS CONTENDED THAT THE IMPUGNED ORDER OF THE LD.CIT U/S . 263 WAS REQUIRED TO BE SET ASIDE. 4. WE HAVE HEARD THE PARTIES. DURING THE HEARING TH E BENCH POINTED OUT TO THE LD.AR FOR THE ASSESSEE THAT THE MAIN CONTENTION AS RAISED BY THE APPELLANT IS NOT BORNE OUT OF THE RECORD ITA NO. 646/KOL/2010 2 OF THE CASE. THE ORDER OF THE LD.AO WAS VERY CRYPTI C. THE ISSUES RAISED BY THE LD.CIT IN THE NOTICE FOR INITIATING THE PROCEEDINGS U/S.263 WERE QUITE VALID. AS HE FOUND THAT SUCH ISSUES WERE NOT INVESTIGATED BY THE AO DURING THE ASSESSME NT PROCEEDINGS, HE HAS SET ASIDE THE ORDER OF THE AO DIRECTING HIM [ AO] TO MAKE NECESS ARY ENQUIRIES. THUS, IT IS NOT FACTUALLY CORRECT THAT THE LD.CIT DEVIATED FROM THE GROUNDS O N WHICH HE INTENDED TO INITIATE PROCEEDINGS U/S.263 OF THE ACT. IN THIS VIEW OF THE MATTER, WE FIND NO INFIRMITY IN THE ORDER OF THE LD.CIT AND CONFIRM THE SAME. THUS, THE GROUNDS RAISED BY THE APPELLANT ARE REJECTED. . 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. # '0 $1' 2 1& 3 #4 5$ 02-12-10 ORDER PRONOUNCED IN THE OPEN COURT ON 02 - 12-10. SD/- SD/- [ . . , ] [ . ' . # , '$ ] (B.R.MITTAL ) (B. K. HALDAR) JUDICIAL MEMBER ACCOUNTANT MEMBER (5$) DATED :02-12 -10 *PP 9: &;< = /SR.P.S. '0 > -? @'?(A- COPY OF THE ORDER FORWARDED TO: 1. +, /APPELLANT- M/S. INDUSTRIAL PAINT MFG. CO. (I) PV T. LTD C/O M.L. SAHGAL & CO. 5/1A HUNDERFORD ST., 1 ST FL.,KOL-17. 2 -.+, / RESPONDENT : THE COMMISSIONER OF INCOME-TAX ,KOL- IV,P-7 CHOWRINGHEE SQ., KOL-69. 3. 0&/ THE CIT, 4. 0& ()/ THE CIT(A), KOLKATA. 5. F3 -& / DR, KOLKATA BENCHES, KOLKATA .? -/ TRUE COPY , '0&1/ BY ORDER , G !< / DEPUTY REGISTRAR .