ITO WA, Tiruchengode V. C.Gopalan, Namakkal

ITA 941/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5874 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 05-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: G BASKAR
• Keywords: Audit objection

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI, CAMP AT COIMBATORE. ... , ! '#, $ #% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.941/CHNY/2019 ( / ASSESSMENT YEAR: 2009-2010) THE INCOME TAX OFFICER, WARD -2, TIRUCHENGODE. VS SHRI. C. GOPALAN, M.K. PALAYAM, VADUGAPALAYAM P.O. MALLASAMUDRAM, TIRUCHENGODE TALUK, NAMAKKAL DISTRICT 637 503. [PAN AFQPG 0559M] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT /RESPONDENT BY : SHRI. G. BASKAR, ADVOCATE /DATE OF HEARING : 04.02.2020 ! /DATE OF PRONOUNCEMENT : 04.02.2020 /O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE REVENUE DIRECTED AG AINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), SALEM IN APPEAL NO.E-24/2016-2017, DATED 29.01.2019 FOR THE ASSESS MENT YEAR 2009- 2010. 2 I.T.A. NO.941/2019 2. SHRI. AR.V. SREENIVASAN, THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSMENT WAS MADE SUBSEQUENT T O ACCEPTANCE OF REVENUE AUDIT OBJECTIONS. THE COMMISSIONER OF INCO ME TAX (APPEALS) ERRED IN ALLOWING THE APPEAL BY RELYING ON THE CBDT CIRCULAR, WHEN THE ASSESSEE HAS NOT FURNISHED THE REQUIRED DETAILS BEF ORE THE ASSESSING OFFICER. THE ASSESSING OFFICER HAS NOT MADE DISALLO WANCE U/S.40(A) (IA) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 3. PER CONTRA, LD. AUTHORISED REPRESENTATIVE SUBMI TTED THAT THE COMMISSIONER OF INCOME TAX (APPEALS) AFTER CONSIDE RING THE MATERIALS FURNISHED BEFORE HIM ALLOWED THE APPEAL. HE FURTHE R INVITED OUR ATTENTION TO THE DETAILS FILED AT THE TIME OF ORIGINAL ASSESS MENT, WHICH WERE IN THE PAPER BOOK, BY WHICH THE ASSESSEE HAS EXPLAINED TH E ENTIRE TRANSACTION AND GAVE THE PARTICULARS. THEREFORE, THERE WAS NO P RECEDENT CONDITION TO REOPEN THE ASSESSMENT AND HENCE THE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS CORRECT. 4. WE HEARD THE RIVAL SUBMISSIONS AND FIND MERIT I N THE SUBMISSION MADE BY THE LD. AUTHORISED REPRESENTATIVE. SINCE T HERE WAS NO FAILURE ON THE PART OF THE ASSESSEE TO DISCLOSE TRULY AND FULL Y THE RELEVANT MATERIAL FACTS, THE REOPENING OF THE ASSESSMENT IS INVALID AND HENCE WE DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LD.CIT(A), THEREFORE, WE DISMISS THE APPEAL FILED BY THE REVENUE. 3 I.T.A. NO.941/2019 5. IN THE RESULT, THE APPEAL FILED BY T HE REVENUE IN ITA NO.941/ CHNY/2019 FOR ASSESSMENT YEAR 2009-2010 STANDS DISM ISSED. ORDER PRONOUNCED IN THE COURT ON 4TH FEBRUARY, 2020 AT CAMP AT COIMBATORE. SD/- SD/- (... ) (N.R.S. GANESAN) / JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER COIMBATORE. /DATED, THE 4 TH FEBRUARY, 2020. KV #$ %&'& /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. * ( )/CIT(A) 4. * /CIT 5. &+, - /DR 6. ,./ /GF