M/s. Ashley Holdings Ltd., CHENNAI V. DCIT, CHENNAI

MA 227/CHNY/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9981 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-02-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 01-02-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 14-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAJI P JACOB IRS
• Assessee Lawyers: R VIJAYARAGHAVAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI V.DURGA RAO, JUDICIAL MEMBER M.A.NO. 227/MDS/2012 (IN I.T.A.NO. 432/MDS/2012) ASSESSMENT YEAR : 2007-08 M/S. ASHLEY HOLDINGS LTD., 1-SARDAR PATEL ROAD, GUNDY ROAD, CHENNAI 600 032. PAN AAACA9326J. VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-I(1), CHENNAI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI R. VIJAYARAGHAVAN, AD VOCATE RESPONDENT BY : SHRI SHAJI P. JACOB, IRS, ADDL. CIT DATE OF HEARING : 1 ST FEBRUARY, 2013 DATE OF PRONOUNCEMENT : 1 ST FEBRUARY, 2013 O R D E R PER DR. O.K. NARAYANAN, VICE-PRESIDENT THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESSE E POINTING OUT A MISTAKE APPARENT IN THE ORDER OF THE TRIBUNAL PASSED IN ITA NO.432/MDS/12, WHICH WAS DISPOSED OF THROUGH A COMM ON ORDER DATED 19.7.2012. MA 227/12 :- 2 -: 2. THE ASSESSEE HAD FILED TWO APPEALS IN ITA NOS.43 1 & 432/MDS/2012 FOR THE ASSESSMENT YEARS 2003-04 AND 2 007-08. ANOTHER ASSOCIATE CONCERN OF THE ASSESSEE, M/S. ASH LEY INVESTMENTS LTD. HAD ALSO FILED AN APPEAL FOR THE A SSESSMENT YEAR 2003-04 IN ITA NO. 430/MDS/2012. ALL THESE APPEALS WERE DISPOSED OF THROUGH A COMMON ORDER DATED 19.7.2012. 3. THE APPEAL FILED FOR THE ASSESSMENT YEAR 2003-04 IN ITA NO.431/MDS/2012 WAS ALLOWED ON THE GROUND THAT THE ISSUE OF NOTICE UNDER SEC.148 WAS BAD IN LAW, BUT THE APPEAL FILED FOR THE ASSESSMENT YEAR 2007-08 IN ITA NO.432/MDS/2012 WAS DISMISSED ON THE GROUND THAT THE NOTICE ISSUED UNDE R SEC.148 TO THE ASSESSEE WAS IN ACCORDANCE WITH LAW AND THERE W AS NO LACK OF JURISDICTION IN COMPLETING THE ASSESSMENT UNDER SEC.147 FOR THE SAID ASSESSMENT YEAR 2007-08. 4. NOW THE MISTAKE POINTED OUT BY THE ASSESSEE IS T HAT EVEN IF THE CONTENTION OF THE ASSESSEE ON JURISDICTION UNDE R SEC.147 IS DISMISSED BY THE TRIBUNAL, IT HAS NOT ADJUDICATED T HE GROUNDS RAISED BY THE ASSESSEE IN THE SAID APPEAL ON THEIR MERITS. 5. WE FIND THAT THE CONTENTION OF THE ASSESSEE IS C ORRECT. WE DISMISSED THE APPEAL OF THE ASSESSEE ON THE GROUND OF MA 227/12 :- 3 -: JURISDICTION. BUT WE FAILED TO ADJUDICATE THE GROU NDS RAISED IN THE APPEAL. THIS IS A MISTAKE APPARENT ON RECORD. 6. THEREFORE, WE RECALL OUR ORDER IN ITA NO.432/MDS /2012 DATED 19 TH JULY, 2012 TO HEAR AND DISPOSE OF THE SAID APPEAL ON MERITS. 7. THE APPEAL IS POSTED FOR HEARING ON 16 TH MAY, 2013. 8. IN RESULT, THE MISCELLANEOUS PETITION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON FRIDAY, THE 1 ST OF FEBRUARY, 2013 AT CHENNAI. SD/- SD/- (V.DURGA RAO) (DR.O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 1 ST FEBRUARY, 2013 MPO* COPY TO : APPELLANT/RESPONDENT/CIT/CIT(A)/DR