M/s. S.A. Suppliers (P) Ltd., Kolkata V. ACIT, CC- XXIII, Kolkata, Kolkata

ITSSA 128/KOL/2011

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 0492 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 11-12-2014
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 09-11-2011
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Assessee Lawyers: S L KOCHAR
• Section: 153A; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH C , KOLKATA [BEFORE HON BLE SRI SHAMIM YAHYA , A M & HON BLE SRI GEORGE MATHAN, J M] IT(SS)A. NOS.121 - 124 /KOL/2011 ASSESSMENT YEAR S : 2003 - 04 TO 2005 - 06 & 2008 - 09 ( A PPELLANT ) (RESPONDENT) M/S.SHUBHAM IMPEX (P) .LTD. - VS - A .C.I.T., CENTRAL CIRCLE - XX III, KOLKATA KOLKATA (PAN: AACCA 0874 H) IT (SS) A NO S.125 - 127 /KOL/2011 ASSESSMENT YEAR S : 2003 - 04 , 2007 - 08 & 2008 - 09 ( A PPELLANT ) (RESPO NDENT) M/S.SURANA MERCANTILES( P).LTD. - VS - A .C.I.T., CENTRAL CIRCLE - XX III, KOLKATA KOLKATA (PAN: AABCB 4120 A) IT (SS) A NO S.128 - 131 /KOL/2011 ASSESSMENT YEAR S : 2003 - 04, 2004 - 05 , 2007 - 08 & 2008 - 09 ( A PPELLANT ) (RESPON DENT) M/S.S.A.SUPPLIERS (P) LTD. - VS - A .C.I.T., CENTRAL CIRCLE - XX III, KOLKATA KOLKATA (PAN: AAJCS 1752 M) FOR THE APPELLANT : SHRI S.L.KOCHAR & SHRI ANIL KOCHAR,ADVOCATE FOR THE RESPONDENT : SHRI RAVI JAIN, CIT(DR) DATE OF HEARING : 11.12 .2 014 DATE OF PRONOUNCEMENT : 11.12. 2014. ORDER PER BENCH THESE APPEALS BY SEPARATE ASSESSEES BELONGING TO THE SAME GROUP ARE DIRECTED AGAINST SEPARATE ORDER S OF LD. C.I.T.(A) - CENTRAL - II I , KOLKATA FOR THE CONCERNED ASSESSMENT Y EARS. SINCE THE ISSUE S INVOLVED ARE CONNECTED AND THE APPEALS ARE HEARD TOGETHER THESE ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. THE MAIN ISSUE RAISED IN ALL THE APPEALS IS THAT ASSUMPTION OF JURISDICTION U/S 153A OF THE ACT BY THE AO IS LIABLE TO BE QUASHED. IT(SS)A.NOS.121 - 131 /KOL/2011 M/S.SHUBHAM IMPEX (P)LTD.KOLKATA A.YR S . 2003 - 04 TO 2008 - 09 2 3. IN THIS CASE THE PANCHANAMA SHOWS THAT WARRANT WAS ISSUED IN THE FOLLOWING NAMES : - SURANA MERCANTILE PVT. LTD. S.A.SUPPLIERS PVT. LTD. SHUBHAM IMPEX PVT. LTD. IN VIEW OF THE ABOVE ASSESSEE HAS PLEADED THAT SUCH WARRANT WAS IN THE NAME OF AFORESAID COMPANIES AS AN AOP AND THERE IS NO SUCH WARRANT IN THE NAME OF THE ASSESSEE. 4. NOW AT TH E OUTSET IN THIS CASE THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE APPEAL OF THE ASSESSEE IS LIABLE TO BE DISMISSED IN V IEW OF INTRODUCTION OF SECTION 292CC OF THE ACT BY FINANCE ACT, 2012 WITH RETROSPECTIVE FROM 01.04.1976. THE LD. COUNSEL OF THE ASSESSEE COULD NOT REBUT THIS CONTENTION OF THE LD. DR. 5. UPON CAREFUL CONSIDERATION WE FIND THAT WARRANT IN THIS CASE WAS ISS UED IN THE NAMES OF THE THREE ASSESSEES TOGETHER. THE ASSESSEE S PLEA THAT THE WARRANT SHOULD HAVE BEEN IN THE INDIVIDUAL NAMES IS NO MORE SUSTAINABLE, I N VIEW OF THE INTRODUCTION OF SECTION 292CC OF THE ACT . T HE PROVISION OF ACT U/S 292CC IS AS BELOW : 292CC (1) NOTWITHSTANDING ANYTHING CONTAINED IN THIS ACT, - (I) IT SHALL NOT BE NECESSARY TO ISSUE AN AUTHORIZATION UNDER SECTION 132 OR MAKE A REQUISITION UNDER SECTION 132A SEPARATELY IN THE NAME OF EACH PERSON ; (II) WHERE AN AUTHORIZATION UNDER SECTION 132 HAS BEEN ISSUED OR REQUISITION UNDER SECTION 132A HAS BEEN MADE MENTIONING THEREIN THE NAME OF MORE THAN ONE PERSON, THE MENTION OF SUCH NAMES OF MORE THAN ONE PERSON ON SUCH AUTHORIZATION OR REQUISITION SHALL NOT BE DEEMED TO CONSTRUE THAT IT WAS ISSUED IN TH E NAME OF AN ASSOCIATION OF PERSONS OR BODY OF INDIVIDUALS CONSISTING OF SUCH PERSONS. (2) NOTWITHSTANDING THAT AN AUTHORIZATION UNDER SECTION 132 HAS BEEN ISSUED OR REQUISITION UNDER SECTION 132A HAS BEEN MADE MENTIONING THEREIN THE NAME OF MORE THAN ONE PERSON, THE ASSESSMENT OR REASSESSMENT SHALL BE MADE SEPARATELY IN THE NAME OF EACH OF THE PERSONS MENTIONED IN SUCH AUTHORIZATION OR REQUISITION.] 5.1. FROM THE ABOVE IT IS AMPLY CLEAR THAT WHERE AN AUTHORIZATION HAS BEEN MADE MENTIONING THEREIN THE NAM E OF MORE THAN ONE PERSON, THE ASSESSMENT OR REASSESSMENT CAN BE MADE SEPARATELY IN THE NAME OF EACH OF THE PERSON. HENCE THE PLEA THAT AUTHORIZATION AND REQUISITION IS NOT IN THE NAME OF SUCH PERSONS INDIVIDUALLY IS NO MORE SUSTAINABLE. ACCORDINGLY IN VIE W OF THE AFORESAID WE AGREE WITH THE LD. DR THAT IT(SS)A.NOS.121 - 131 /KOL/2011 M/S.SHUBHAM IMPEX (P)LTD.KOLKATA A.YR S . 2003 - 04 TO 2008 - 09 3 THE APPEALS BY THE ASSESSEE ARE LIABLE TO BE DISMISSED. THE LD. COUNSEL OF THE ASSESEE FAIRLY ACCEPTED THE PROPOSITION. 6. IN THE RESULT THESE APPEALS FILED BY THE ASSESSEES STAND DISMISSED. ORDER PRON OUNCE D IN THE OPEN COURT ON 11.12 .2014. SD/ - SD/ - [ GEORGE MATHAN ] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 11.12 .2014. R.G.(.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . M/S SHUBHAM IMPEX (P)LTD., C/O S.L.KOCHAR, ADVOCATE, 86, CANNING STREET, KOLKATA - 700001. 2 M/S SURANA MERCANTILES (P) LTD., C/O S.L.KOCHAR, ADVOCATE, 86, CANNING STREET, KOLKATA - 700001. 3 . M/S S.A.SUPPLIERS (P) LTD., C/O S.L.KOCHAR, ADVOCATE, 86, CANNING STREET, KOLKATA - 700001. 4 . A.C.I.T., CENTRAL CIRCLE - XXIII, KOLKATA. 5. CIT (A) - CENTRAL - III, KOLKATA 6 . CIT KOLKATA 7 . CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES