M/s. Pukra Exports, Karur V. DCIT, Trichy

ITA 708/CHNY/2007

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 51856 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 13-03-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K E B RENGARAJAN JR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI [BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER] M.P.NO.195/MDS/2010 & I.T.A NO.708/MDS/2007 ASSESSMENT YEAR : 2003-04 THE ACIT CIRCLE II TRICHY VS M/S PUKRA EXPORTS 156/10-A, COIMBATORE ROAD KARUR [PAN AAAFP3560E] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI K.E.B RENGARAJAN, JR. STANDING COUNSEL RESPONDENT BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE DATE OF HEARING : 23-09-2011 DATE OF PRONOUNCEMENT : 23-09-2011 O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THIS PETITION HAS BEEN FILED BY THE REVENUE IN RESPECT OF THE TRIBUNAL ORDER DATED 27.10.2009 PASSED IN I.T.A.NO. 708/MDS/2007. THE ORDER WAS RENDERED BY FOLLOWING THE DECISION OF SPECIAL BENCH OF MUMBAI BENCH IN THE CASE OF TOPMAN EXPORTS, 318 ITR (AT) 87. THE RATIO OF THIS DECISION TAKEN BY THE SPECIAL BENCH H AS BEEN REVERSED BY THE HON'BLE BOMBAY HIGH COURT WHILE DECIDING THE CA SE OF CIT VS MP 195/10 ITA 708/MDS/07 :- 2 -: KALPATARU COLOURS AND CHEMICALS, 328 ITR 451. SINC E THE VERY BASIS OF DECISION HAS BEEN REVERSED BY THE HON'BLE BOMBAY HI GH COURT UNDER WHICH THE SPECIAL BENCH WAS CONSTITUTED AND HAS TAK EN A DIFFERENT VIEW, THE CONTRARY DECISION TAKEN BY THE TRIBUNAL A MOUNTS A MISTAKE APPARENT ON RECORD. ACCORDINGLY, WE RECALL THE TRI BUNAL ORDER IN QUESTION. 2. AT THE SAME TIME, WE CHOSE TO DECIDE THE APPEAL I N I.T.A.NO. 708/MDS/2007[ASSESSEES APPEAL]. IN ALL SUCH CAS ES WE ARE RESTORING THE MATTER TO THE FILE OF THE ASSESSING O FFICER WITH A DIRECTION THAT HE SHALL DECIDE THE ISSUE AFRESH AFTER TAKING INTO CONSIDERATION THE DECISION OF HON'BLE BOMBAY HIGH COURT RENDERED IN T HE CASE OF CIT VS KALPATARU COLOURS AND CHEMICALS (SUPRA) OR ANY OTHE R DECISION ON THE ISSUE, IF BROUGHT TO HIS NOTICE. ACCORDINGLY, WE R ESTORE THE ENTIRE APPEAL TO THE FILE OF THE ASSESSING OFFICER WITH SI MILAR DIRECTIONS. NEEDLESS TO MENTION THAT ASSESSING OFFICER SHALL GI VE OPPORTUNITY OF HEARING TO THE ASSESSEE AS PER LAW. 3. IN THE RESULT, MISCELLANEOUS PETITION OF THE R EVENUE IS ALLOWED AND THE APPEAL IS ALLOWED FOR STATISTICAL P URPOSES. MP 195/10 ITA 708/MDS/07 :- 3 -: ORDER PRONOUNCED IN THE OPEN COURT ON 23-0 9-2011. SD/- SD/- (DR. O.K. NARAYANAN) VICE-PRESIDENT (HARI OM MARATHA) JUDICIAL MEMBER DATED: 23 RD SEPTEMBER, 2011 RD : COPY TO: 1. PETITIONER 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR