M/S EXPRESS PUBLICATIONS (MADURAI) LTD, CHENNAI V. DCIT COMPANY CIRCLE 11(1) (NOW DCIT, CORPORATE CIRCLE 2 (1), CHENNAI

MA 146/CHNY/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5639 (ITAT-CHENNAI)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 24-06-2109
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SUNDARARAJAN
• Assessee Lawyers: T N SEETHARAMAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI . . . , , [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ] M.P.NO.146/CHNY/2019 ( ./I.T.A. NO. 615/CHNY/2018) ! / ASSESSMENT YEAR : 2009-10. EXPRESS PUBLICATIONS (MADURAI) LTD, NO.29, 2 ND MAIN ROAD, AMBATTUR INDUSTRIAL ESTATE, CHENNAI 600 058. [PAN AAACI 0842D] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1) CHENNAI. ( / APPELLANT) ( /RESPONDENT) ASSESSEE BY : SHRI. T.N. SEETHARAMAN, ADV DEPARTMENT BY : SHRI. A. SUNDARARAJAN, ADDL. CIT. ' # $ % /DATE OF HEARING : 06-12-2019 &'! $ % /DATE OF PRONOUNCEMENT : 16-12-2019 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THE PRESENT MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE NAMELY M/S. EXPRESS PUBLICATIONS (MADURAI) LTD, O N THE GROUND THAT MP NO. 146/2019. :- 2 -: THE FOLLOWING ERRORS HAD CREPT IN THE ORDER OF TH IS TRIBUNAL DATED 27.05.2019. 2. THE COUNSEL FOR THE PETITIONER SUBMITTED THAT I N THE IMPUGNED ORDER PASSED BY THIS TRIBUNAL ON 27.05.2019, IN PAR A 10 AT PAGE 9 OF THE ORDER IN THE FOURTH LINE FROM THE BOTTOM THE WO RD ROYALTY HAS BEEN USED INSTEAD OF PENALTY. IT IS FURTHER SU BMITTED THAT IN PARA 15 AT PAGE 12, THE TRIBUNAL HAS OBSERVED THAT WE REMAND THIS ISSUE BACK TO THE FILE OF THE LD. COMMISSIONER OF INCOME TAX ( APPEALS) FOR FRESH ADJUDICATION AND VERIFICATION OF INVOICES AND BILL S IN ACCORDANCE WITH LAW INSTEAD THE ISSUE MAY BE REMANDED BACK TO THE FILE OF THE ASSESSING OFFICER. LD. AUTHORISED REPRESENTATIVE FURTHER CONTENDED THE HONBLE TRIBUNAL HAD DISALLOWED THE CLAIM FOR DEDUCTION OF INTEREST OF A1,00,05,643/- ON THE GROUND THAT INTEREST BEAR ING FUNDS WERE DIVERTED TO GROUP COMPANIES. IT IS SUBMITTED THAT THE TRIBUNAL HAD CONSIDERED THE MATERIAL ON RECORD, THEREFORE PRAYED THAT THE MATTER BE REMANDED FOR FRESH ADJUDICATION TO THE ASSESSING OFFICER. 3. WE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MISCELL ANEOUS PETITION AND THE IMPUGNED ORDER. AS SUBMITTED BY TH E COUNSEL FOR THE PETITIONER, THE FOLLOWING AMENDMENTS ARE MADE AS FO LLOWS:- IN PARA 10 AT PAGE 9 OF THE ORDER IN THE FOURTH LIN E FROM THE BOTTOM THE WORD ROYALTY MAY BE READ AS PENAL TY. MP NO. 146/2019. :- 3 -: IN PARA 15 AT PAGE 12, IT MAY BE READ AS WE REMAND THIS ISSUE BACK TO THE FILE ASSESSING OFFICER IN THE PLACE O F LD. CIT (A). IN PARA 21, IT MAY BE READ AS GROUNDS OF APPEAL 14 & 15 ARE REMANDED BACK TO THE FILE ASSESSING OFFICER FOR FR ESH CONSIDERATION IN THE LIMIT OF MATERIAL PLACED BEFO RE US. 4. WITH THESE OBSERVATIONS, THE MISCELLANEOUS PETITIO N FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED ON 16TH DAY OF DECEMBER, 2019 A T CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER ( # / CHENNAI ) / DATED: 16TH DECEMBER, 2019. KV $ +%,- .-!% / COPY TO: 1 . /0 / APPELLANT 3. ' 1% () / CIT(A) 5. -4 +%5 / DR 2. +6 /0 / RESPONDENT 4. ' 1% / CIT 6. 7 8# / GF