ITO Corporate Ward 1(3), CHENNAI V. C.S.Housing Property Development Pvt. Ltd., CHENNAI

MA 126/CHNY/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 5929 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-11-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 11-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S GAUTAM VENKATA NARAYANAN
• Keywords: Audit objection

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER M.P.NO.126/CHNY/2019 ./I.T.A. NO.2427/CHNY/2018 ! ' / ASSESSMENT YEAR : 2012-2013. THE INCOME TAX OFFICER, CORPORATE WARD 1(3) CHENNAI. VS. M/S. C.S. HOUSING PROPERTY DEVELOPMENT PRIVATE LTD, NEW NO.4, OLD NO.33, KRISHNA STREET, T. NAGAR, CHENNAI 600 017. [PAN AADCC 8013B] ( / APPELLANT) ( /RESPONDENT) APPELLANT BY : SHRI. AR.V. SREENIVASAN, JCIT. RESPONDENT BY : SHRI. S. GAUTAM VENKATA NARAYANAN, ADVOCATE # $ % & /DATE OF HEARING : 08-11-2019 '('! % & /DATE OF PRONOUNCEMENT : 21-11-2019 / O R D E R PER INTURI RAMA RAO , ACCOUNTANT MEMBER: THIS PRESENT MISCELLANEOUS PETITION IS FILED BY THE REVENUE SEEKING RECALL OF THE ORDER OF THE TRIBUNAL IN ITA NO.2427/CHNY/2018, DATED 18.12.2018 FOR THE ASSESSMENT YEAR 2012-2013. 2. THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ADDITION IN THE IMPUGNED ASSESSMENT YEAR WAS MADE BASED ON THE MP NO.126/2019 :- 2 -: REVENUE AUDIT OBJECTION AND THEREFORE IT IS COVERED BY ONE OF THE EXEMPTION CURED OUT BY BOARDS CIRCULAR NO.3/2018, DATED 11.07.2018, HENCE THE TRIBUNAL ORDER SHOULD BE RECALLED. 3. ON THE OTHER HAND, LD. AUTHORISED REPRESENTATIVE H AS NO SERIOUS OBJECTION TO RECALL THE TRIBUNAL ORDER. 4. WE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MISCELL ANEOUS PETITION AND THE IMPUGNED ORDER. HAVING BEING SAT ISFIED THAT THE ISSUE IN APPEAL IS COVERED BY ONE OF THE EXCEPTION CARRIED OUT IN CBDT CIRCULAR NO. 3/2018, DATED11.07.2018, WE RECAL L THE ORDER PASSED BY THIS TRIBUNAL AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING IN DUE COURSE WITH NOTICE TO BOTH PARTIES. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON 21ST DAY OF NOVEMBER, 2019, AT CHENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER )$ / CHENNAI * / DATED: 21ST NOVEMBER, 2019. KV +, %,- &./,0/'& / COPY TO: , 1 . 1 / APPELLANT 3. , # 2&,34 / CIT(A) 5. /56 ,- & 7 / DR 2. -8 1 / RESPONDENT 4. , # 2& / CIT 6. 69,:$ / GF