DCIT, CHENNAI V. Gee Gee Holdings Pvt Ltd., CHENNAI

MA 153/CHNY/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5653 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-01-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 15-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GOPI KRISHNA
• Assessee Lawyers: R VIJAYARAGHAVAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI ... , . !'# ! , $ !% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER && / M.P. NO.153/MDS/2017 (IN I.T.A. NO.775/MDS/2013) ' (' / ASSESSMENT YEAR : 2008-09 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1), CHENNAI. V. M/S GEE GEE HOLDINGS PVT. LTD., OLD NO.31, NEW NO.6, DR. RADHAKRISHNAN SALAI, 9 TH STREET, MYLAPORE, CHENNAI - 600 004. PAN : AABCG 1035 D (*+' /PETITIONER) (*,+-/ RESPONDENT) *+' / 0 /PETITIONER BY : SHRI GOPIKRISHNA, JCIT *,+- / 0 / RESPONDENT BY : SH. R. VIJAYARAGHAVAN, ADVOCATE 1 / 2$ / DATE OF HEARING : 05.01.2018 3'( / 2$ / DATE OF PRONOUNCEMENT : 12.01.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS P ETITION ON THE GROUND THAT TWO GROUNDS RAISED BY THE REVENUE W ERE NOT DEALT WITH BY THIS TRIBUNAL WHILE DISPOSING OF THE APPEAL . 2 M.P. NO.153/MDS/17 2. SHRI GOPIKRISHNA, THE LD. DEPARTMENTAL REPRESENT ATIVE, SUBMITTED THAT THE REVENUE HAS RAISED GROUNDS WITH REGARD TO 75 LAKHS ON ACCOUNT OF ARBITRATION AWARD AND ALSO AN A DDITION OF 10,12,500/- ON ACCOUNT OF ACCRUED INTEREST. THESE TWO GROUNDS WERE NOT ADJUDICATED BY THIS TRIBUNAL WHILE DISPOSI NG OF THE APPEAL. THEREFORE, ACCORDING TO THE LD. D.R., THE MATTER NE EDS TO BE REHEARD. 3. WE HEARD SH. R. VIJAYARAGHAVAN, THE LD.COUNSEL F OR THE ASSESSEE ALSO. THE LD.COUNSEL VERY FAIRLY SUBMITTE D THAT THESE TWO GROUNDS WERE NOT DISPOSED BY THE TRIBUNAL. 4. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E AND THE LD.COUNSEL FOR THE ASSESSEE. IT IS AN ADMITTED FAC T THAT THE TWO GROUNDS RAISED BY THE REVENUE, NAMELY, ADDITION OF 75 LAKHS ON ACCOUNT OF ARBITRATION AWARD AND ADDITION OF 10,12,500/- BEING ACCRUED INTEREST WERE INADVERTENTLY OMITTED TO CONS IDER BY THIS TRIBUNAL WHILE DISPOSING OF THE APPEAL. THEREFORE, OMISSION TO CONSIDER THE ABOVE MENTIONED GROUNDS IS AN ERROR UN DER SECTION 254(2) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE A CT'). HENCE, THE MATTER NEEDS TO BE RECONSIDERED. ACCORDINGLY, THE APPEAL OF THE REVENUE IS REOPENED ONLY FOR THE PURPOSE OF DISPOSI NG OF THE TWO 3 M.P. NO.153/MDS/17 ABOVE MENTIONED GROUNDS. THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 15.03.2018 FOR DISPOSING OF THE ABOVE GRO UNDS. 5. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED COURT ON 12 TH JANUARY, 2018 AT CHENNAI. SD/- SD/- (. !'# ! ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 12 TH JANUARY, 2018. KRI. / *26& 7&(2 /COPY TO: 1. *+' / PETITIONER 2. *,+- /RESPONDENT 3. 1 82 () /CIT(A) 4. 1 82 /CIT 5. &9 *2 /DR 6. :' ; /GF.