City Union Bank Limited, Kumbakonam V. JCIT, Kumbakonam

MA 171/CHNY/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5662 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 31-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN ACIT
• Assessee Lawyers: G SITARAMAN
• Keywords: Difference of opinion; Change of opinion
• Section: 147

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI . , ' , % & BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER MISCELLANEOUS PETITION NO. 171 /MDS/20 17 (IN ITA NO.2034/MDS/2014) %' ' /ASSESSMENT YEAR: 2008-09 M/S.CITY UNION BANK LTD., 149 TSR BIG STREET, KUMBAKONAM. VS. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KUMBAKONAM. [PAN: AAACC 1287 E ] ( ( /APPELLANT) ( )*( /RESPONDENT) ( + / APPELLANT BY : MR.G.SITARAMAN, CA )*( + /RESPONDENT BY : MR. N.MADHAVAN, ACIT + /DATE OF HEARING : 12.01.2018 + /DATE OF PRONOUNCEMENT : 12.01.2018 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : MP NO.171/MDS/2017 IS A MISCELLANEOUS PETITION FIL ED BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL IN ITA N O.2034/MDS/2014 DATED 28.12.2016. 2. SHRI N.MADHAVAN, ACIT, REPRESENTED ON BEHALF OF THE REVENUE AND SHRI G.SITARAMAN, CA, REPRESENTED ON BEHALF OF THE ASSESSEE. MP NO.171/MDS/2017 (IN ITA NO.2034/MDS/2014) :- 2 -: 3. IT WAS A SUBMISSION THAT THE ISSUE IN RESPECT OF SEC.14A HAD NOT BEEN ADJUDICATED BY THE TRIBUNAL. IT WAS A SUBMISS ION THAT THE ORDER OF THE TRIBUNAL MAY BE RECALLED FOR ADJUDICATING THE S AID ISSUE. 4. IN REPLY, THE LD.DR SUBMITTED THAT THE ISSUE OF SEC.14A ITSELF WAS NOT RAISED IN THE GROUNDS OF THE APPEAL FILED BY TH E ASSESSEE. IT WAS A SUBMISSION THAT THE MISCELLANEOUS PETITION WAS LIAB LE TO BE DISMISSED. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. A PER USAL OF THE GROUNDS OF THE APPEAL RAISED IN ITA NO.2034/MDS/2014 FOR TH E AY 2007-08 SHOWS THAT THE GROUNDS RAISED ARE 1. THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) IS CONTRARY TO THE FACTS AND CIRCUMSTANCES PERTAINING TO THE CASE OF THE APP ELLANT IN SO FAR IT RELATES TO NON CONSIDERATION OF THE GROUND WITH REGARD TO VALIDITY OF REOPENING OF THE ASSESSMENT. 2. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) WHI LE DISPOSING THE CASE ON MERITS OUGHT TO HAVE CONSIDERED THAT THE VERY INITIATION O F THE PROCEEDINGS TO REOPEN THE COMPLETED ASSESSMENT BY ISSUE OF NOTICE U/S.148 OF T HE IT ACT WAS PALPABLY DEVOID OF JURISDICTION AND CONDITIONS PRECEDENT TO THE REOPEN ING WERE ABSENT IN THE PRESENT CASE. 3. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) OUT TO HAVE APPRECIATED THAT THE HONBLE TRIBUNAL IN THE APPELLANTS OWN CASE FOR TH E A.Y 2002-03 ( ITA NO.740/MDS/09) HAS HELD THAT THE REASSESSMENT MADE BY ISSUE OF NOT ICE U/S.148 EVEN WITHIN A PERIOD OF FOUR YEARS IS LIABLE TO BE CANCELLED SINCE THE REAS SESSMENT WAS MADE ON ACCOUNT OF CHANGE OF OPINION. 4. FOR THESE AND OTHER REASONS THAT MAY BE ADDUCED AT THE TIME OF HEARING, THE APPELLANT PRAYS THAT THE HONBLE TRIBUNAL MAY KINDLY BE PLEAS ED TO PASS ORDER ANNULLING THE REASSESSMENT MADE U/S. 147 OF THE IT ACT AND RENDER JUSTICE. 6. THERE IS NO GROUND IN REGARD TO THE ISSUE OF SEC .14A. CONSEQUENTLY, AS THERE IS NO ERROR IN THE ORDER OF THE TRIBUNAL, MISCELLANEOUS PETITION FILED BY THE ASSESSEE STANDS DISMISSED. MP NO.171/MDS/2017 (IN ITA NO.2034/MDS/2014) :- 3 -: 7. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 12, 2018, AT CHENNAI. SD/- SD/- ( . ) ( ABRAHAM P.GEORGE ) /ACCOUNTANT MEMBER ( ' ) (GEORGE MATHAN) % /JUDICIAL MEMBER /CHENNAI, 2 /DATED: JANUARY 12, 2018. TLN + )%34 54 /COPY TO: 1. ( /APPELLANT 4. 6 /CIT 2. )*( /RESPONDENT 5. 4 )%% /DR 3. 6 ( ) /CIT(A) 6. ' /GF