DCIT, Ernakulam V. Shri Jose Thomas, Cochin

ITSSA 205/COCH/2005

• Counselvise Citation: [2011] 124 COUNSELVISE.COM (IT) 8547 (ITAT-COCHIN)
• Duration Of Justice: 5 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Department
• Bench Allotted: DB
• Next Hearing Date: 16-03-2011
• Assessment Year: misc
• Appeal Filed On: 05-12-2005
• Court: TRIBUNAL
• Department Lawyers: T J VINCENT
• Assessee Lawyers: R KRISHNA IYER
• Keywords: Block assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.VIJAYAKUMARAN & SHRI SANJAY ARORA I.T. (S&S) A.NO. 205 /COCH/200 5 BLOCK ASST: 1990 - 91 TO 1999 - 200 AND BROKEN PERIOD UPTO 23-7-1999 THE DY . COMMISSIONER OF INCOME-TAX, CIRCLE-1(3), ERNAKULAM. VS. SHRI JOSE THOMAS, XXX/1045, MURALI LANE, KANIYAMPUZHA ROAD, ERNAKULAM, KOCHI-19. (APPELLANT) ( RESPONDENT ) APPELLANT BY SHRI T.J.VINCENT, JR.D.R RESPONDENT BY SHRI R. KRISHNA IYER, CA O R D E R PER N.VIJAYAKUMARAN,J.M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(APPEALS)-II, KOCHI, DATED 01-0 9-2005 RELATING TO THE BLOCK ASSESSMENT PERIOD 1990-91 TO 1999- 2000 INCLUDING THE BROKEN PERIOD UPTO 23-7-1999. 2. THE RELEVANT FACTS ARE THAT THE ASSESSEE IS ONE OF THE PARTNERS OF M/S. SEREN PACKAGING, WHICH IS ENGAGED IN MANUFACTURE AND SALE OF CARTONS BOXES. THE ASSESS EE IS ALSO A PROPRIETOR OF M/S. MEREN PACKAGING, DIRECTOR OF M/S. THEMASAK PROPERTIES PVT. LTD. AND DIRECTOR OF M/S. HARMONY SPICES. THERE WAS A SEARCH U/S.132 AT THE RESIDEN CE OF THE IT(S&S)A NO. 205/COCH/2005 SHRI JOSE THOMAS 2 ASSESSEE ALONG WITH SURVEY U/S.133A AT THE FACTORY PREMISES OF M/S. SEREN PACKAGING. 158BC NOTICE WAS ISSUED. IN RESPONSE TO THIS NOTICE, ASSESSEE FILED BLOCK PERIO D RETURN IN FORM NO.2B ON 28-2-2000 ADMITTING AN UNDISCLOSED IN COME OF ERROR: UNDEFINED OFFENDING COMMAND: RUPEE STACK: / INDIAN