ALTEC FABRICATORS, TRICHY V. ITO, WARD - 3 (3), TRICHY

MA 125/CHNY/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6495 (ITAT-CHENNAI)
• Duration Of Justice: 8 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 13-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: GANAPATHY SRIKANTH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI , , BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER M.P NO.125/CHNY/2020 ( ./IN I.T.A. NO.3403/CHNY/2019) [ / ASSESSMENT YEAR : 2010-11 M/S. ALTEC FABRICATORS, D-9, D-10, DEVELOPED PLOTS, THUVAKKDI, TRICHY 620 015. [PAN: AABFA 0407E] VS. INCOME TAX OFFICER, WARD-3(3), TRICHY ( /APPLICANT) ( /RESPONDENT) / APPLICANT BY : SHRI GANAPATHY SRIKANTH, CA /RESPONDENT BY : SHRI G. JOHNSON, ADDL.CIT /DATE OF HEARING : 07.07.2021 /DATE OF PRONOUNCEMENT : 07.07.2021 /O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: M/S. ALTEC FABRICATORS, THE ASSESSEE, FILED THIS MISCELLANEOUS 1 PETITION AGAINST THE ORDER OF THIS TRIBUNAL IN ITA NO.3403/CHNY/2019 DATED 13.02.2020 FOR ASSESSMENT YEAR 2010-11. 2. THE CASE WAS HEARD THROUGH VIDEO CONFERENCING. THE LD. AR SUBMITTED THAT WHILE PASSING THE ORDER IN ITA NO.3403/CHNY/2019 FOR THE ASSESSMENT YEAR 2010-11, THE HONBLE TRIBUNAL HAS NOT CONSIDERED GROUND NOS.5 AND 6 WHICH ARE EXTRACTED AS UNDER: 5. THE LEARNED COMMISSIONER ERRED IN DIRECTING THAT THE IMPUGNED AMOUNT BE BROUGHT TO TAX AS EITHER INCOME OR INCOME FROM OTHER SOURCES WITHOUT RECORDING ANY BASIS THEREOF WHICH DEMONSTRATES THAT THE ORDER IS NOT A REASONED ORDER AND NOT GROUNDED EITHER ON LAW OR ON FACTS. 6. WITHOUT PREJUDICE TO THE FACT THAT THE SUM IS NO TAXABLE AT ALL, THE LEARNED COMMISSIONER FILL IN ERROR IN FALLING TO ADJUST THE PRE-EXISTING DUES FROM THE PRAYER WHICH WAS DULY REFLECTED IN THE APPELLANTS BOOKS. AND HENCE PLEADED TO CONSIDER THE MISCELLANEOUS PETITION FAVORABLY. 3. WE HEARD THE RIVAL SUBMISSIONS. WE FIND THAT GROUND NOS.5 & 6 EXTRACTED, SUPRA, WERE NOT CONSIDERED IN THE IMPUGNED ORDER. THEREFORE, THE IMPUGNED ORDER IS RECALLED TO CONSIDER THE ABOVE GROUNDS ALONE. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED TO THE ABOVE EXTENT. 2 ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH JULY, 2021 AT CHENNAI. SD/- SD/- ( ) ( MAHAVIR SINGH ) / VICE PRESIDENT ( ) ( S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI, /DATED 07 TH JULY, 2021 JPV /COPY TO: 1. / APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. [ /GF 3