ACIT, CHENNAI V. M.Nasser, CHENNAI

ITSSA 20/CHNY/2013

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 0057 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 24-03-2014
• Appeal Filed By: Department
• Bench Allotted: D
• Next Hearing Date: 24-03-2014
• Assessment Year: misc
• Appeal Filed On: 26-08-2013
• Court: TRIBUNAL
• Department Lawyers: ANIRUDH RAI
• Assessee Lawyers: S SRIDHAR
• Section: 2

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHE NNAI . . . , ! , ' # $ BEFORE DR. O.K. NARAYANAN, VICE PRESIDENT & SHRI VIKAS AWASTHY, JUDICIAL MEMBER IT(SS)A. NO. 20/MDS/2013 & C.O. NO. 157/MDS/2013 [IN IT(SS)A.NO. 20/MDS/2013 ] BLOCK PERIOD : 01-04-1996 TO 21-02-2003 ASST. COMMISSIONER OF INCOME TAX, MEDIA CIRCLE-II, CHENNAI-34 VS SHRI M.NASSER, NO.245, GUHAN STREET, KAMAKOTI NAGAR, VALASARAVAKKAM, CHENNAI-600 087 [PAN: ACBPN 7011 P] (APPELLANT) (RESPONDENT/CROSS OBJECTOR) / APPELLANT BY : SHRI ANIRUDH RAI, CIT-DR / RESPONDENT BY : SHRI S.SRIDHAR, ADVOCATE / DATE OF HEARING : 24-03-2014 / DATE OF PRONOUNCEMENT : 24-03-2014 #% / O R D E R PER VIKAS AWASTHY, J.M: THE APPEAL HAS BEEN FILED BY THE REVENUE AGAINST TH E COMBINED ORDER OF COMMISSIONER OF INCOME TAX (APPEA LS)-VI, CHENNAI DATED 18-02-2013 PASSED U/S.143(3) R.W.S. 1 58BD AND I.T.(SS)A. NO.20/MDS/13 & C.O. NO. 157/MDS/13 :- 2 -: U/S.158BFA(2) OF THE INCOME TAX ACT, 1961 (HEREIN A FTER REFERRED TO AS THE ACT). IN APPEAL BEFORE THE TRIBUNAL, T HE REVENUE HAS ASSAILED THE ORDER OF THE CIT(APPEALS) ON QUANTUM A S WELL AS PENALTY. THE ASSESSEE HAS ALSO FILED CROSS-OBJECTI ONS AGAINST COMBINED ORDER OF THE CIT(APPEALS). 2. SHRI ANIRUDH RAI, APPEARING ON BEHALF OF THE REV ENUE SUBMITTED THAT AGAINST THE COMBINED ORDER OF CIT(AP PEALS) ON QUANTUM AS WELL AS PENALTY, INADVERTENTLY SINGLE AP PEAL WAS FILED. NOW, THE DEFECT HAS BEEN RECTIFIED AND SEPARATE APP EALS ASSAILING THE ORDER OF CIT(APPEALS) ON QUANTUM AND PENALTY HA VE BEEN FILED. 3. SHRI S.SRIDHAR, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS ALSO FILED SEPARATE CROSS-OBJECTION IN THE SEPARATE APPEALS FILED BY TH E REVENUE, THEREFORE, THE PRESENT CROSS-OBJECTION HAS BECOME I NFRUCTUOUS. 4. BOTH SIDES HEARD. IN VIEW OF THE FACT THAT SEPA RATE APPEALS IMPUGNING THE ORDER OF CIT(APPEALS) ON THE ISSUE OF QUANTUM AND I.T.(SS)A. NO.20/MDS/13 & C.O. NO. 157/MDS/13 :- 3 -: PENALTY HAVE BEEN FILED, THE PRESENT APPEAL HAS BEC OME INFRUCTUOUS. THE LD.COUNSEL FOR THE ASSESSEE HAS A LSO SUBMITTED THAT THE ASSESSEE HAS FILED CORRESPONDING CROSS-OBJ ECTIONS IN BOTH THE APPEALS OF THE REVENUE. THUS, THE PRESENT APPE AL AND CROSS- OBJECTIONS HAVE BECOME INFRUCTUOUS. 5. THE APPEAL AND THE CROSS-OBJECTIONS OF THE ASSES SEE ARE DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON MONDAY, THE 24 TH MARCH, 2014 AT CHENNAI. SD/- SD/- (DR. O.K. NARAYANAN) (VI KAS AWASTHY) VICE PRESIDENT JUDICIAL MEMBER DATED: 24 TH MARCH, 2014 TNMM COPY TO: ASSESSEE/AO/CIT(A)/CIT/DR