T.O.Abraham & Co, Thiruvalla V. ACIT, Trivandrum

ITSSA 61/COCH/1997

• Counselvise Citation: [2012] 124 COUNSELVISE.COM (IT) 7541 (ITAT-COCHIN)
• Duration Of Justice: 14 year(s) 8 month(s) 30 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 27-04-2012
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 04-12-2012
• Assessment Year: misc
• Appeal Filed On: 28-07-1997
• Court: TRIBUNAL
• Department Lawyers: S R SENAPATI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND B.R.BASKAR AN, AM I.T.(SS)A. NO. 61/COCH/1997 BLOCK PERIOD : 1.4.1986 TO 6.5.1996 T.O. ABRAHAM & CO., ENGINEERS & CONTRACTORS, THIRUTHIKKADU P.O., TIRUVALLA THE ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, TRIVANDRUM. (ASSESSEE-APPELLANT) (REVENUE - RESPONDENT) ASSESSEE BY NONE REVENUE BY SHRI S.R. SENAPATI, SR. DR DATE OF HEARING 25/04/2012 DATE OF PRONOUNCEMENT 27/04/2012 O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE APPEAL OF THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 27-05-1997 PASSED BY THE ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRA L CIRCLE, TRIVANDRUM. 2. THIS APPEAL WAS ORIGINALLY DISPOSED OF BY THE TR IBUNAL ON 22-07-2003, BY MAJORITY DECISION OF MEMBERS, BY HOLDING THAT THE ASSESSMENT ORDER IS NULL AND VOID AS IT WAS PASSED BEYOND THE PRESCRIBED TIME IN TERMS OF PROVI SO TO SEC. 158(BG) OF THE I.T. ACT. THE REVENUE CHALLENGED THE SAID DECISION OF THE TRI BUNAL IN APPEAL BEFORE THE HONBLE HIGH COURT OF KERALA AND THE HIGH COURT REVERSED TH E ORDER OF THE TRIBUNAL AND RESTORED THE MATTER BACK TO THE FILE OF THE TRIBUNAL FOR DIS POSING THE CASE ON MERITS. ACCORDINGLY, THIS CASE WAS POSTED FOR HEARING FROM TIME TO TIME. HOWEVER, THE LD. COUNSEL FOR THE ASSESSEE SOUGHT ADJOURNMENT FROM TIME TO TIME WITH THE PLEA THAT THE ASSESSEE HAS PREFERRED SLP BEFORE HONBLE SUPREME COURT ALONG WI TH I.A PETITION SEEKING STAY OF OPERATION OF THE ORDER OF THE HIGH COURT AND ALSO R EQUESTED THAT THE MATTER MAY BE KEPT IN ABEYANCE TILL THE DISPOSAL OF THE I.A. PETITION. I N VIEW OF THE SAID SUBMISSIONS MADE BY IT(SS)A NO. 61COCH/ 1997 2 LD A.R, THE TRIBUNAL DIRECTED THE LD. DR TO ASCERTA IN THE STATUS OF THE SLP AND I.A. PETITION FILED BY THE ASSESSEE. THE LD. DR HAS FIL ED AN ORDER DATED 08-08-2011 PASSED BY THE HONBLE SUPREME COURT OF INDIA WITH A DIRECTION TO ISSUE NOTICE. HOWEVER, THE HONBLE SUPREME COURT HAS DECLINED TO GRANT AD-INTE RIM STAY. ACCORDINGLY, THIS CASE WAS POSTED FOR HEARING TODAY. NONE APPEARED ON BEHALF OF THE ASSESSEE, THOUGH THE ASSESSEE WAS WELL AWARE OF THE HEARING DATE. ACCORDINGLY, WE PROCEED TO DISPOSE OF THE APPEAL EX- PARTE, QUA THE ASSESSEE. 3. WE HAVE HEARD THE LD. DR AND ALSO CONSIDERED THE WRITTEN SUBMISSIONS FILED BY THE ASSESSEE. WE HAVE ALSO CAREFULLY PERUSED THE A SSESSMENT ORDER. ON A PERUSAL OF THE ASSESSMENT ORDER VIS-A-VIS THE WRITTEN SUBMISSIONS FILED BY THE LD D.R, WE DO NOT FIND ANY INFIRMITY IN THE SAID ASSESSMENT ORDER. 4. ACCORDINGLY, WE DISMISS THE APPEAL FILED BY THE ASSESSEE. PRONOUNCED ACCORDINGLY O N 27-04-2012 SD/- SD /- (N.R.S.GANESAN) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 27TH APRIL, 2012 GJ COPY TO: 1 T.O. ABRAHAM & CO., ENGINEERS & CONTRACTORS, THIR UTHIKKADU P.O., THIRUVALLA. 2.THEASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE , TRIVANDRUM. 3. THE COMMISSIONER OF INCOME-TAX, TRIVANDRUM. 4. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 5. GUARD FILE . BY ORDER (ASSISTANT REGISTRAR) I.T.A.T, COCHIN