R.Ravikrishnan, CHENNAI V. ACIT, CHENNAI

ITSSA 28/CHNY/1998

• Counselvise Citation: [2011] 124 COUNSELVISE.COM (IT) 8275 (ITAT-CHENNAI)
• Duration Of Justice: 13 year(s) 5 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 20-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 20-06-2011
• Assessment Year: misc
• Appeal Filed On: 20-01-1998
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Block assessment
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C, CHENNAI B E F O R E DR. O.K.NARAYANAN, VICE PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER .. IT(SS)A NO.173(MDS)/1998 BLOCK PERIOD ENDING JUNE, 1996 SMT. R.UMA, T HE ASSISTANT COMMISSIONER OF 28, POES GARDEN, VS. INCOM E-TAX, CHENNAI-600 086. CITY CIRCLE V(INV.)I, PAN 2701-U. C HENNAI. (APPELLANT) (RESPONDENT) AND IT(SS)A NO.28(MDS)/1998 BLOCK PERIOD ENDING JUNE, 1996 SHRI R.RAVIKRISHNAN, THE ASSISTANT COMMISSIO NER OF 28, POES GARDEN, VS. INCOM E-TAX, CHENNAI-600 086. CITY CIRCLE V(INV.)I, PAN 2741-R CHENNAI. (APPELLANT) (RESPONDENT) APPELLANTS BY : NONE RESPONDENT BY: SHRI R.VISWANATHAN, JT .COMMISSIONER OF IT. IT(SS)A NOS.173 & 28(MDS)/1998 2 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT: THESE TWO BLOCK ASSESSMENT APPEALS ARE FILED BY T HE ASSESSEES. THEY ARISE OUT OF THE BLOCK ASSESSMENT ORDERS PASSED UNDER SECTION 143(3) READ WITH SECTIONS 158BC AND 1 58BD OF THE INCOME-TAX ACT, 1961. 2. THESE TWO APPEALS WERE EARLIER DISPOSED OF BY T HE TRIBUNAL AND THEREAFTER TAKEN BEFORE THE HONBLE HI GH COURT OF MADRAS IN APPEALS IN TC(A) NO.564/2004 AND IN TC(A) NO.25/2010. THE APPEALS WERE DISPOSED OF BY THE HONBLE HIGH CO URT THROUGH THE JUDGMENT OF THEIR LORDSHIPS DATED 16-2-2010, WHEREI N THE HONBLE HIGH COURT HAS REMITTED THE MATTER BACK TO THE TRIB UNAL FOR FRESH CONSIDERATION. IT IS HOW THESE TWO APPEALS HAVE NO W BEEN PLACED BEFORE US. 3. WHEN THE MATTERS WERE CALLED ON FOR HEARING, TH ERE WAS NO APPEARANCE FOR THE ASSESSEES INSPITE OF SERVICE OF NOTICE. THEREFORE WE PROCEED TO DISPOSE OF THE MATTERS EX P ARTE, QUA THE IT(SS)A NOS.173 & 28(MDS)/1998 3 ASSESSEES AFTER HEARING SHRI R.VISWANATHAN, THE LEA RNED JOINT COMMISSIONER OF INCOME-TAX, APPEARING FOR THE REVEN UE. 4. THE ISSUES DIRECTED BY THE HONBLE HIGH COURT T O BE RE- EXAMINED BY THE TRIBUNAL REQUIRE APPRAISAL OF A NUM BER OF FACTS. SUCH NECESSARY FACTS ARE NOT DISCERNING FROM THE RE CORDS OF THE CASES AVAILABLE BEFORE US, NOR ANY EXPLANATORY DISC USSIONS ARE AVAILABLE IN THE ORDERS PASSED BY THE ASSESSING AUT HORITY. 5. IN THE FACTS AND CIRCUMSTANCES OF THE CASE WE F IND THAT IT IS NECESSARY IN THE INTERESTS OF JUSTICE TO REMIT B ACK THE SAID ISSUES BACK TO THE ASSESSING AUTHORITY TO DECIDE THEM AFRE SH. ACCORDINGLY THE ISSUES REMITTED BACK TO THE TRIBUNAL BY THE HON BLE HIGH COURT OF MADRAS ARE FURTHER REMANDED TO THE ASSESSING AUTHOR ITY FOR A DETAILED CONSIDERATION IN THE LIGHT OF THE DETAILS AVAILABLE ON RECORD AND ALSO IN THE LIGHT OF THE EXPLANATIONS AND ARGUMENTS OF THE ASSESSEES. THE ASSESSING AUTHORITY SHALL GIVE REASONABLE OPPORTUNI TIES OF BEING HEARD TO THE ASSESSEES. IT(SS)A NOS.173 & 28(MDS)/1998 4 6. IN RESULT THESE TWO APPEALS ARE TREATED AS ALLO WED TO THE ABOVE EXTENT FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON MONDAY, THE 20 TH DAY OF JUNE, 2011 AT CHENNAI. SD/- SD/- (HARI OM MARATHA) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 20 TH JUNE, 2011. V.A.P. COPY TO: (1) APPELLANTS (2) RESPONDENT (3) CIT (4) CIT(A) (5) D.R. (6) G.F.