ACIT, Calicut V. James Joseph, Calicut

ITSSA 8/COCH/2006

• Counselvise Citation: [2012] 124 COUNSELVISE.COM (IT) 7535 (ITAT-COCHIN)
• Duration Of Justice: 6 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 25-05-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 24-04-2012
• Assessment Year: misc
• Appeal Filed On: 02-02-2006
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABHIMANYU SINGH YADAV

Judgement Text

1 IT(SS)A NO.08/COCH/2006 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKARA N(AM) I.T(SS)A NO. 08/COCH/2006 (BLOCK PERIOD 1990-91 TO 2000-01) THE A.C.I.T., CENT.CIR VS SHRI JAMES JOSEPH CALICUT C/O ANSUTHA BR, NEAR MOFUSAL BUS STAND, CALICUT PAN : NOT AVAILABLE (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ABHIMANYU SINGH YADAV RESPONDENT BY : NONE DATE OF HEARING : 24-04-2012 DATE OF PRONOUNCEMENT : 04-05-2012 O R D E R PER N.R.S. GANESAN (JM) THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX(A)-I, KOCHI DATED 21-10-2005 AND PERTAINS TO BLOCK PERIOD 01-04- 1989 TO 20-07-1999. 2. NO ONE APPEARED FOR THE ASSESSEE EVEN AFTER THE ISSUE OF NOTICE. THEREFORE, WE HEARD THE LD.DR AND PROCEED TO DISPOS E OF THE APPEAL ON MERIT. 3. THE ONLY ISSUE ARISES FOR CONSIDERATION IS LEVY OF SURCHARGE ON THE UNDISCLOSED INCOME COMPUTED FOR THE BLOCK PERIOD. T HE ONLY CONTENTION OF THE 2 IT(SS)A NO.08/COCH/2006 ASSESSEE BEFORE THE COMMISSIONER OF INCOME-TAX(A) AP PEARS TO BE THAT THE SEARCH WAS CONDUCTED PRIOR TO 01-06-2002 AND THEREFOR E, SURCHARGE CANNOT BE LEVIED. WE FIND THAT THIS ISSUE WAS CONSIDERED BY THE APEX COURT IN THE CASE OF COMMISSIONER OF INCOME-TAX VS SURESH N GUPTA 297 ITR 322 (SC). THE APEX COURT FOUND THAT EVEN THOUGH THE SEARCH WAS CONDUCTED PRI OR TO 01-06-2002, THE PROVISO TO SECTION 113 IS APPLICABLE RETROSPECTIVEL Y, THEREFORE, LEVY OF SURCHARGE EVEN IN RESPECT OF SEARCH CONDUCTED PRIOR TO 01-06-20 02 IS VALID. BY RESPECTIVELY FOLLOWING THE JUDGMENT OF THE APEX COURT IN SURESH N GUPTA (SUPRA) AND FOR THE REASONS STATED THEREIN, THE ORDER OF THE COMMISSION ER OF INCOME-TAX(A) IS SET ASIDE AND THAT OF THE ASSESSING OFFICER IS RESTORED . 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 4 TH DAY OF MAY, 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 04 TH MAY, 2012 PK/- COPY TO: 1. THE ASSIST.COMMISSIONER OF INCOME-TAX, CENT.CIR.2, CALICUT 2. SHRI JAMESH JOSEPH, NEAR ANSUTHA BAR, BUS STAND, CA LICUT 3. THE COMMISSIONER OF INCOME-TAX(A)-I, KOCHI 4. THE COMMISSIONER OF INCOME-TAX, CENTRAL, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH