L.Sampoornam, Erode V. ITO, Erode

ITA 706/CHNY/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 52012 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 08-11-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 15-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR
• Keywords: Assessment record
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI GEORGE MATHAN, JUDICIAL MEMBER I.T.A. NO.706/MDS/2011 ASSESSMENT YEAR : 2003-04 SHRI L.SAMPOORNAM, PROP:VETRIVEL ENTERPRISES, A-17, HOUSING UNIT, KOLLAMPALAYAM, ERODE-638 002. PAN:ASDPS7221G VS. COMMISSIONER OF INCOME TAX-II COIMBATORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.SRIDHAR, ADVOCATE RESPONDENT BY : SHRI SHA JI P.JACOB, SR.DR DATE OF HEARING : 8 TH NOVEMBER, 2011 DATE OF PRONOUNCEMENT : 8 TH NOVEMBER, 2011 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT: THIS APPEAL IS FILED BY THE ASSESSEE AND THE RELEV ANT ASSESSMENT YEAR IS 2002-03. THE APPEAL IS DIRECTED AGAINST THE REVISION ORDER OF THE COMMISSIONER OF INCOME TA X-II AT CHENNAI DATED 23.03.2011, PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961. ITA NO.706/ MDS/2011 2 2. THE COMMISSIONER OF INCOME TAX, ON GOING THROUGH THE ASSESSMENT RECORDS OF THE CASE, ISSUED NOTICE TO TH E ASSESSEE UNDER SECTION 263 PROPOSING THE REVISION O F THE ASSESSMENT ORDER. IN RESPONSE TO THE NOTICE ISSUED BY THE COMMISSIONER OF INCOME TAX, EXPLANATIONS WERE OFFER ED BY THE ASSESSEE. IN RESPECT OF CERTAIN POINTS PROPOSED BY THE COMMISSIONER OF INCOME TAX, THE EXPLANATION OFFERED BY THE ASSESSEE WERE FOUND ACCEPTABLE. BUT THE EXPLANATION S WERE NOT FOUND ACCEPTABLE FOR CERTAIN POINTS RAISED BY T HE COMMISSIONER OF INCOME TAX RELATING TO THE EXPENSES OF RS.18,76,460/- , ASSESSMENT OF INCOME AGAINST INVES TMENT AND BUSINESS ASSETS AND VERIFICATION OF CONTRACT RA TES OF RS.19,50,145/-. 3. BUT THE ASSESSEE IS AGGRIEVED, AS FAR AS THE PRE SENT APPEAL IS CONCERNED, ONLY ONE ISSUE OF EXPENSES OF RS.18,76,460/-. THE REMIT ORDER OF THE COMMISSIONER OF INCOME TAX ON OTHER ISSUES HAS BEEN ACCEPTED BY THE ASSESSEE. 4. ON HEARING BOTH THE SIDES, WE ARE OF THE CONSIDE RED VIEW THAT THERE IS NO HARM IF THIS ISSUE OF EXPENSE S IS ITA NO.706/ MDS/2011 3 RE-EXAMINED BY THE ASSESSING AUTHORITY FOR THE REAS ONS STATED BY THE COMMISSIONER OF INCOME TAX. THE ASSESSING AU THORITY IS ANYHOW DIRECTED TO EXAMINE OTHER ISSUES AS PER T HE ORDER OF THE COMMISSIONER OF INCOME TAX FOR WHICH HE HAS TO DEAL WITH THE ASSESSMENT ONCE AGAIN. IT IS ONLY PROPER T HAT THE ASSESSING OFFICER MAY RE-EXAMINE THE ISSUE OF EXPEN SES ALSO IN THAT PROCESS. 5. WE THEREFORE FIND THAT THERE IS NO GROUND FOR US TO INTERFERE IN THE ORDER PASSED BY THE COMMISSIONER O F INCOME TAX. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON TUESDAY, THE 8 TH NOVEMBER, 2011 AT CHENNAI. SD/- SD/- (GEORGE MATHAN) ( DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 8 TH NOVEMBER, 2011. SOMU ITA NO.706/ MDS/2011 4 COPY TO: (1) APPELLANT ( 4) CIT(A) (2) RESPONDENT (5) D.R. (3) CIT (6) G.F.