M/s Mookambika Associates, Bangalore V. ACIT, Bangalore

ITA 98/BANG/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8562 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 07-03-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 30-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G R REDDY CIT I
• Assessee Lawyers: C RAMESH
• Section: 153A; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER I.T. A. NO.98/BANG/2013 (ASSESSMENT YEAR : 2007-08) M/S. MOOKAMBIKA ASSOCIATES, NO.14, LAKSHMI COMPLEX, 3 RD CROSS, JOURNALIST COLONY, BANGALORE. . A PPELLANT. PAN ABUFS 3239F VS. THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), BANGALORE. .. RESPONDENT. APPELLANT BY : SHRI C. RAMESH, C.A. RESPONDENT BY : SHRI G.R. REDDY, CIT-I (D.R) DATE OF HEARING : 7.3.2016. DATE OF PRONOUNCEMENT : 24.03.2016. O R D E R PER SHRI VIJAY PAL RAO, J.M . : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER DT.21.12.2012 OF COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASS ESSMENT YEAR 2007- 08. 2 ITA NO.98/BANG/2013 2. THERE WAS A SEARCH UNDER SECTION 132 OF THE INCOME TAX ACT, 1961 (IN SHORT 'THE ACT') IN CASE OF MR. S. CHANDRASHEKA R GROUP OF COMPANIES ON 6.1.2010. THE ASSESSEE FILED ITS RETURN OF INCO ME UNDER SECTION 153A RWS 153C OF THE ACT DECLARING AN INCOME OF RS.1.56 CRORES AND ADMITTED THE TAX LIABILITY OF RS.96,46,814. THE ASSESSMENT WAS COMPLETED FOR THE ASSESSMENT YEAR 2007-08 AT A TOTAL INCOME OF RS.2.0 6 CRORES AND A TAX LIABILITY OF RS.1,76,75,366. THE ASSESSEE CHALLENG ED THE ASSESSMENT BEFORE THE CIT (APPEALS) HOWEVER, THE CIT (APPEALS) DISMISSED THE APPEAL OF THE ASSESSEE ON THE GROUND THAT THE ASSESSEE HAS NOT PAID THE SELF- ASSESSMENT TAX. THE ASSESSEE THEN FILED AN APPEAL BEFORE THE TRIBUNAL WHICH WAS DISMISSED BY THIS TRIBUNAL VIDE ITS ORDER DT.5.11.2015 BECAUSE OF THE REASON THAT THE ASSESSEE DID NOT PAY THE SEL F-ASSESSMENT TAX. THE ASSESSEE CARRIED THE MATTER BEFORE THE HON'BLE HIGH COURT BY FILING AN APPEAL IN ITA NO.239/2015 AND SUBMITTED THAT THE AS SESSEE HAS SUBSEQUENTLY PAID THE ADMITTED TAX AMOUNT ALONG WIT H INTEREST VIDE CHALLAN DT.20.1.2015. UPON WHICH THE HON'BLE HIGH C OURT HAS REMITTED THE MATTER BACK TO THE TRIBUNAL IN PARA 6 AS UNDER :- 3 ITA NO.98/BANG/2013 6. IN VIEW OF THE AFORESAID, AS THE ADMITTED TAX IS NOW SAID TO HAVE BEEN DEPOSITED, WE REMAND THE MATTER TO THE TR IBUNAL TO CONSIDER THE APPEAL OF THE APPELLANT AFRESH, AFTER TAKING INTO ACCOUNT THE AMOUNT OF TAX DEPOSITED ON 20.01.2015, AND GIVING A FINDING AS TO WHETHER THE AMOUNT OF TAX SO DEPOSITED BY THE APPELLANT IS THE TOTAL AMOUNT THAT WAS REQUI RED TO BE DEPOSITED. THE APPEAL SHALL THEN BE HEARD ON MERIT S AND IN CASE IF IT IS FOUND TO BE THE ADEQUATE AMOUNT OF TA X HAS BEEN DEPOSITED BY THE ASSESSEE, THEN NECESSARY DIRECTION S SHALL BE GIVEN BY THE TRIBUNAL TO THE APPELLATE COMMISSIONER TO RESTORE THE APPEAL WHICH HAD BEEN FILED BEFORE IT, AND THE APPELLATE COMMISSIONER SHALL THEN DECIDE THE SAME ON MERITS, AND IN ACCORDANCE WITH LAW. THUS IT IS CLEAR THAT NOW THE ASSESSEE HAS PAID THE ADMITTED SELF- ASSESSMENT TAX. SINCE THE APPEAL OF THE ASSESSEE WA S DISMISSED BY THE CIT (APPEALS) DUE TO NON-PAYMENT OF SELF-ASSESSMENT TAX WITHOUT GOING INTO THE MERITS OF THE CASE, THEREFORE, THERE IS NO FINDING BY THE CIT (APPEALS) ON THE MERITS OF THE CASE. IN VIEW OF THE DECISION OF THE HON'BLE JURISDICTIONAL HIGH COURT AS WELL AS IN THE FACTS A ND CIRCUMSTANCES OF THE CASE, WE SET ASIDE THIS APPEAL TO THE RECORD OF THE CIT (APPEALS) FOR ADJUDICATION OF THE SAME ON MERITS. 4 ITA NO.98/BANG/2013 3. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON THE 24 TH DAY OF MARCH, 2016. SD/ - (INTURI RAMA RAO) ACCOUNTANT MEMBER SD/ - (VIJAY PAL RAO) JUDICIAL MEMBER DATED, THE 24 TH MARCH, 2016. *REDDY GP / DS / COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE. BY ORDER ASST. REGISTRAR, ITAT, BANGALORE