ACIT CORPORATE CIRCLE 6 (1), CHENNAI V. M/S S&S INDUSTRIES & ENTERPRISES LTD, CHENNAI

ITA 853/CHNY/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9247 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 09-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SUBASHRI
• Assessee Lawyers: R SU BRAMANIAN
• Keywords: Set aside

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , ! ' # , % #& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.853/CHNY/2018 ) *) / ASSESSMENT YEAR : 2004-05 THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 6(1), CHENNAI - 600 034. V. M/S S&S INDUSTRIES & ENTERPRISES LIMITED, A 4, FIRST MAIN ROAD, AMBATTUR INDUSTRIAL ESTATE, CHENNAI - 600 086. PAN : AAACS 5108 G (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : MS. M. SUBASHRI, JCIT ./,- 0 1 / RESPONDENT BY : SHRI R. SUBRAMANIAN, CA 2 0 3% / DATE OF HEARING : 14.03.2019 45* 0 3% / DATE OF PRONOUNCEMENT : 01.04.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-15, CHENNA I, DATED 28.11.2017 AND PERTAINS TO ASSESSMENT YEAR 2004-05. 2. MS. M. SUBASHRI, THE LD. DEPARTMENTAL REPRESENTA TIVE, SUBMITTED THAT THE CIT(APPEALS) HAS REMITTED BACK T HE MATTER TO THE 2 I.T.A. NO.853/CHNY/18 FILE OF THE ASSESSING OFFICER. ACCORDING TO THE LD . D.R., UNDER SECTION 251(1)(A) OF THE INCOME-TAX ACT, 1961 (IN S HORT 'THE ACT'), THE PARLIAMENT OMITTED THE POWER OF THE CIT(APPEALS) TO SET ASIDE OR EXAMINING THE ISSUE AFRESH. THIS WAS OMITTED WITH EFFECT FROM 01.06.2001 BY FINANCE ACT, 2001. THEREFORE, ACCORD ING TO THE LD. D.R., THE CIT(APPEALS) HAS NO POWER TO REMIT THE MA TTER BACK TO THE FILE OF THE ASSESSING OFFICER. 3. WE HEARD SHRI R. SUBRAMANIAN, THE LD. REPRESENTA TIVE FOR THE ASSESSEE ALSO. HAVING HEARD THE LD. D.R. AND T HE LD. REPRESENTATIVE FOR THE ASSESSEE, WE HAVE PERUSED TH E RELEVANT MATERIAL AVAILABLE ON RECORD. THE FACTUAL DETAILS BROUGHT ON RECORD BY THE CIT(APPEALS) REQUIRES VERIFICATION BY THE AS SESSING OFFICER. NO DOUBT, THE CIT(APPEALS) HAS NO POWER TO SET ASID E THE ASSESSMENT FOR WANT OF VERIFICATION. THE CIT(APPEA LS) HAVING COTERMINOUS POWER AS THAT OF THE ASSESSING OFFICER, HAS TO CALL FOR REMAND REPORT FROM THE ASSESSING OFFICER OR DECIDE THE ISSUE HIMSELF BY VERIFYING THE MATERIAL AVAILABLE ON RECO RD. THEREFORE, TECHNICALLY THE CIT(APPEALS) HAS NO JURISDICTION TO REMIT THE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER. SINCE T HE FACTUAL SITUATION REQUIRES VERIFICATION, THIS TRIBUNAL, IN EXERCISE O F ITS JURISDICTION, 3 I.T.A. NO.853/CHNY/18 REMITTING THE MATTER BACK TO THE FILE OF THE ASSESS ING OFFICER SO THAT THE ASSESSING OFFICER SHALL RE-EXAMINE THE MATTER A ND THEREAFTER DECIDE THE ISSUE AFRESH IN ACCORDANCE WITH LAW, AFT ER GIVING A REASONABLE OPPORTUNITY TO THE ASSESSEE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE COURT ON 1 ST APRIL, 2019 AT CHENNAI. SD/- SD/- ( ! ' # ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 1 ST APRIL, 2019. KRI. 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. 2 ;3 () /CIT(A)-15, CHENNAI-34 4. PRINCIPAL CIT- 6, CHENNAI 5. 9< .3 /DR 6. ) = /GF.