Indo Tech Electric Company (Dissolved Firm), CHENNAI V. ACIT, CHENNAI

ITA 720/CHNY/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96684 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 29-12-2015
• Assessment Year: 1995-1996
• Appeal Filed On: 04-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A B KOLI
• Assessee Lawyers: T N SEETHARAMAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , ' $ , % ' BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ./ I.T.A.NO.720/MDS/2012 ( / ASSESSMENT YEAR: 1995-96) M/S. INDOTECH ELECTRIC COMPANY (DISSOLVED FIRM) JAYALAKSHMI ESTATES, 1 ST FLOOR, 8, HADDOWS ROAD, CHENNAI-6. VS THE ASSISTANT COMMISSIONER OF INCOME TAX, BUSINESS CIRCLE-XV CHENNAI. PAN: AAAFI1385P ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. T.N.SEETHARAMAN, ADVOCATE /RESPONDENT BY : MR. A.B.KOLI, JCIT /DATE OF HEARING : 29 TH DECEMBER, 2015 /DATE OF PRONOUNCEMENT : 31 ST DECEMBER, 2015 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-XII, CHENN AI DATED 30.01.2012 FOR THE ASSESSMENT YEAR 1995-96 IN CONFIRMING THE PENALTY LEVIED UNDER SECTION 271(1)( C) OF THE ACT. 2. THE ASSESSEE FOR THE FIRST TIME BEFORE THIS TRIB UNAL RAISED ADDITIONAL GROUNDS CONTENDING THAT THE ORDER PASSED BY THE ASSESSING OFFICER DATED 28.09.2006 LEVYING P ENALTY UNDER SECTION 271(1)(C) IS BARRED BY TIME IN TERMS OF SECTION 275(1)(A) OF THE ACT. IT IS THE CONTENTION OF THE ASSESSEE THAT 2 ITA NO.720/MDS/2012 THIS GROUND WAS NOT RAISED BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) BUT NOW RAISED FOR THE FIRST T IME BEFORE THIS TRIBUNAL AND SINCE THIS GROUND IS ADMITTEDLY A LEGAL GROUND, COUNSEL PRAYS FOR ADMISSION OF THE ADDITION AL GROUND. 3. DEPARTMENTAL REPRESENTATIVE OBJECTS FOR ADMISSIO N OF ADDITIONAL GROUND. 4. HEARD BOTH SIDES. WE ARE OF THE VIEW THAT SINCE THE ADDITIONAL GROUND RAISED BY THE ASSESSEE IS ON LIMI TATION OF PASSING THE PENALTY ORDER AND IS GOING TO THE ROOT OF THE MATTER AND IS ALSO ADMITTEDLY A LEGAL GROUND, THE A DDITIONAL GROUND IS TO BE ADMITTED IN VIEW OF THE DECISION O F HONBLE SUPREME COURT IN THE CASE OF NATIONAL THERMAL POWE R CO.LTD. VS. CIT (229 ITR 383) THUS, THIS ADDITIONA L GROUND IS ADMITTED. 5. HAVING GONE THROUGH THE ORDERS OF LOWER AUTHORI TIES, WE FIND THAT THE ASSESSEE HAS NOT RAISED SUCH GROUN D BEFORE THE LOWER AUTHORITIES AT ANY STAGE. THUS, IN THE IN TEREST OF JUSTICE, WE ARE OF THE VIEW THAT THIS ADDITIONAL GR OUND HAS TO BE DEALT WITH BY THE COMMISSIONER OF INCOME TAX (A PPEALS) 3 ITA NO.720/MDS/2012 AFTER EXAMINING THE RECORDS AND AS CONTENDED BY THE ASSESSEE THAT PENALTY ORDER IS TIME BARRED. THUS, W E SET ASIDE THE ORDER OF THE COMMISSIONER OF INCOME TAX ( APPEALS) AND RESTORE THIS APPEAL TO THE FILE OF THE COMMISSI ONER OF INCOME TAX (APPEALS), WHO SHALL DECIDE THE ISSUE IN ACCORDANCE WITH LAW AFTER PROVIDING ADEQUATE OPPORT UNITY TO THE ASSESSEE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST DECEMBER, 2015. SD/- SD/- ( # ) ( & (# ) ( CHANDRA POOJARI ) ( CHALLA NAG ENDRA PRASAD ) * / ACCOUNTANT MEMBER ( * / JUDICIAL MEMBER ( /CHENNAI, , /DATED 31 ST DECEMBER, 2015 SOMU ./ 0/ /COPY TO: 1. APPELLANT 2.RESPONDENT 3. 1 () /CIT(A) 4. 1 /CIT 5. / 5 /DR 6. /GF .