ACIT, Alappuzha V. M/s.Amalgam Foods Ltd, Cochin

MA 100/COCH/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2497 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-11-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 19-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JOHN

Judgement Text

1 MA NO.100/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) M.A. NO.100/COCH/2014 (ARISING OUT OF M.A. 23/COCH/2012) (ARISING OUT OF I.T.A NO. 436/COCH/2010) (ASSESSMENT YEAR 2006-07) ACIT, CIR.1 VS M/S AMALGAM FOODS LTD ALAPPUZHA W/ISLAND, KOCHI PAN : ABCA8283D (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI K.K. JOHN RESPONDENT BY : NONE DATE OF HEARING : 14-11-2014 DATE OF PRONOUNCEMENT : 21-11-2014 O R D E R PER N.R.S. GANESAN (JM) THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS AP PLICATION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL DATED 29-06-2012 IN M.A. NO.23/COCH/2012 FOR THE ASSESSMENT YEAR 200 6-07. 2. SHRI K.K. JOHN, THE LD.DR SUBMITTED THAT THIS TR IBUNAL DIRECTED THE ASSESSING OFFICER TO TREAT THE RENTAL INCOME AS IN COME FROM OTHER SOURCES FOR THE ASSESSMENT YEARS 2005-06 AND 2006-07 IN M.A . NOS 23 & 24/COCH/2012. THIS TRIBUNAL CLARIFIED THAT ONLY TH E ASSESSMENT YEAR 2005- 2 MA NO.100/COCH/2014 06 WAS MENTIONED IN THE TRIBUNAL ORDER AND NO ASSES SMENT YEAR 2006-07 WAS MENTIONED. ACCORDINGLY THE TRIBUNAL TREATED TH E ORDER PASSED FOR THE ASSESSMENT YEAR 2005-06 IN M.A. NO.23/COCH/2012 AS ALSO FOR THE ASSESSMENT YEAR 2006-07. THE LD.DR FURTHER SUBMITT ED THAT FOR THE ASSESSMENT YEAR 2006-07 NO PLANT AND MACHINERY WAS LET OUT AND THE ONLY ASSET LET OUT WAS THE BUILDING. THEREFORE, THE DI RECTION OF THE TRIBUNAL TO CONSIDER THE INCOME ON LEASING OUT THE PROPERTY AS INCOME FROM OTHER SOURCES MAY NOT BE APPLICABLE FOR THE ASSESSMENT Y EAR 2006-07. ACCORDING TO THE LD.DR, TO THIS EXTENT, THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL. 3. NO ONE APPEARED FOR THE ASSESSEE IN SPITE OF REC EIPT OF NOTICE BY R.P.A.D. THEREFORE, WE PROCEEDED TO DISPOSE OF THE MISCELLANEOUS APPLICATION ON MERIT. 4. THE ONLY CONTENTION OF THE LD.DR IS THAT FOR THE ASSESSMENT YEAR 2006-07 NO PLANT AND MACHINERY WAS LET OUT AND THE ONLY ASSET LET OUT WAS BUILDING. HOWEVER, IN THE ASSESSMENT ORDER FOR ASS ESSMENT YEAR 2006-07 ON PAGE 3, THE ASSESSING OFFICER HAS MENTIONED AS F OLLOWS: 3 MA NO.100/COCH/2014 BUT, HERE MACHINERIES, PLANTS, BUILDINGS ETC., ARE LET OUT, NOT KEPT READY FOR USE BY THE ASSESSEE, HAVE ALREADY HE LD THAT THE ASSESSEE HAS GONE OUT OF BUSINESS. IN VIEW OF THIS FINDING OF THE ASSESSING OFFICER FO R THE ASSESSMENT YEAR 2006-07 IT MAY NOT BE RIGHT TO CONTEND NOW THAT WHA T WAS LET OUT BY THE ASSESSEE WAS ONLY BUILDING AND NOT PLANT AND MACHIN ERY. IN VIEW OF THE ADMITTED FACT BY THE ASSESSING OFFICER FOR THE ASSE SSMENT YEAR 2006-07, WE FIND NO ERROR IN THE ORDER OF THIS TRIBUNAL, MUCH L ESS A PRIMA FACIE ERROR. ACCORDINGLY, THERE IS NO MERIT IN THE APPLICATION O F THE REVENUE. THE SAME IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21ST NO VEMBER, 2014. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 21 ST NOVEMBER, 2014 PK/- COPY TO: 1. ACIT, CIR.1, ALAPUZHA 2. M/ AMALGAM FOODS LTD, W/ISLAND, KOCHI 3. THE COMMISSIONER OF INCOME-TAX, KOTTAYAM 4. THE COMMISSIONER OF INCOME-TAX(A)-IV, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH