Sri Late Sri K.Eswarappa By Legal Heir Mr.Amol Prakash, CHENNAI V. ACIT, CHENNAI

ITSSA 112/CHNY/2005

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8786 (ITAT-CHENNAI)
• Duration Of Justice: 14 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 17-09-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 08-07-2005
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR MR A SUNDARARAJA
• Keywords: Opportunity of being heard; Block assessment

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , , ( BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ IT(SS)A NO.112/CHNY/2005 BLOCK PERIOD : 1988-89 TO 1998-99 LATE SRI K.ESWARAPPA , BY LEGAL HEIR MR.AMOL PRAKASH, 41,NAVAL HOSPITAL ROAD,PERIAMET, CHENNAI 600 003. VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II(1), CHENNAI-34. [ PAN: AAAPE 2538 B / 701 - E ] ( ) /APPELLANT) ( *+) /RESPONDENT) ) , / APPELLANT BY : MR.S.SRIDHAR,ADVOCATE *+) , /RESPONDENT BY : MR.A.SUNDARARAJAN,JCIT,D.R , /DATE OF HEARING : 17.09.2019 , /DATE OF PRONOUNCEMENT : 17.09.2019 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-X, CHENNAI, IN ITA NO.110/2004- 05 DATED 30.03.2005 FOR THE BLOCK ASSESSMENT YEARS 1988-89 TO 1998-99. IT(SS)A NO.112/CHNY/2005 :- 2 -: 2. MR.S.SRIDHAR REPRESENTED ON BEHALF OF THE ASSESS EE, AND MR.A.SUNDARARAJAN REPRESENTED ON BEHALF OF THE REVE NUE. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY LD. AR THAT VARIOUS ADDITIONS HAD BEEN MADE IN RESPECT OF RELEVANT ASSE SSMENT YEARS, VIZ. ASSESSMENT YEAR 1988-89 TO ASSESSMENT YEAR 1997-98. IT WAS A FURTHER SUBMISSION THAT THE CO-ORDINATE BENCH OF THIS TRIBU NAL IN THE APPEAL OF ASSESSEE IN IT(SS) NO.66/CHNY/2002 FOR THE BLOCK AS SESSMENT PERIOD: 1988-89 TO 1998-99 VIDE ORDER DATED 06.02.2019 HAD RESTORED THE ISSUES TO THE FILE OF ASSESSING OFFICER FOR RE-EXAMINATION FOR DETERMINING THE METHOD OF ACCOUNTING ACTUALLY FOLLOWED BY THE ASSES SEE DURING THE BLOCK PERIOD UNDER CONSIDERATION. IT WAS SUBMITTED THAT I N THE PRESENT APPEAL, THE ISSUE WAS IN REGARD TO SET OFF OF THE LOSSES WI THIN THE BLOCK PERIOD AGAINST THE INCOME OF ASSESSEE WITHIN THE BLOCK PER IOD. IT WAS SUBMITTED THAT AS THE METHOD OF ACCOUNTING AND COMPUTATION OF INCOME FOR THE BLOCK PERIOD HAS ALSO BEEN RESTORED TO THE FILE OF ASSESS ING OFFICER FOR RE-ADJUDICATION AFTER DETERMINING THE METHOD OF AC COUNTING FOLLOWED BY THE ASSESSEE, IT WAS A PRAYER THAT THE ISSUES RAISE D IN THIS APPEAL MAY ALSO BE RESTORED TO THE FILE OF ASSESSING OFFICER FOR RE -ADJUDICATION. 4. IN REPLY, THE LD.DR VEHEMENTLY SUPPORTED THE OR DERS OF THE ASSESSING OFFICER AND THE LD.CIT(A). IT(SS)A NO.112/CHNY/2005 :- 3 -: 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AS IT IS NOTICED THAT THE CO-O RDINATE BENCH OF THIS TRIBUNAL FOR THE BLOCK PERIOD UNDER APPEAL VIDE ORD ER DATED 06.02.2019 REFERRED TO SUPRA HAS RESTORED THE ISSUES TO THE FI LE OF ASSESSING OFFICER FOR RE-ADJUDICATION FOR DETERMINING THE METHOD OF ACCOU NTING FOLLOWED BY THE ASSESSEE, THE ISSUE IN THIS APPEAL IN RESPECT OF C OMPUTATION OF THE TOTAL INCOME IN THE BLOCK PERIOD IS ALSO RESTORED TO THE FILE OF ASSESSING OFFICER FOR RE-ADJUDICATION AFTER GRANTING THE ASSESSEE ADE QUATE OPPORTUNITY OF BEING HEARD. 6. IN THE RESULT, THE APPEAL OF ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSIO N OF HEARING ON THE 17 TH SEPTEMBER, 2019 IN CHENNAI. SD/- SD/- ( ) ( INTURI RAMA RAO ) /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) /JUDICIAL MEMBER /CHENNAI, 4 /DATED: 17 TH SEPTEMBER, 2019. K S SUNDARAM , *56 76 /COPY TO: 1. ) /APPELLANT 4. 8 /CIT 2. *+) /RESPONDENT 5. 6 * /DR 3. 8 ( ) /CIT(A) 6. /GF